Sarah Sanders: ‘Just Because You Aren’t Seeing a Judge Doesn’t Mean You Aren’t Getting Due Process’

Sarah Huckabee Sanders offered an intriguing defense of Donald Trump on Monday when asked about his apparent call for the country to disregard due process when dealing with illegal immigrants.

It’s been over a week since the last White House press briefing, so Sanders was buried under an avalanche of questions regarding the president’s rescinded policy of taking migrant children away from their parents at the U.S. southern border. As Trump railed against immigration laws and people “[invading] the country” over the weekend, he tweeted at one point that immigrants need to be sent back where they came from “with no Judges or Court Cases” involved.

When CNN’s Jeff Zelany asked Sanders if Trump was saying illegal immigrants have no right to due process, she defended the president by saying that current laws allow for the deportation of illegal aliens without having to go through court.

“Thousands of illegal aliens are removed every month without seeing an immigration judge as a result of procedures in current law including voluntary removal and expedited removal. Just because you don’t see a judge doesn’t mean you aren’t receiving due process. The president is focused on securing our borders and reforming our immigration system to prevent the crisis at the border from betting worse.”

Zeleny continued to press Sanders by asking her if immigrants who are deported this way don’t get a chance to appeal for asylum or make their case before a judge.

[Mediaite]

Reality

On one hand we have the Constitution, which makes it very clear due process applies to anyone on American soil.

This was reaffirmed in the 2001 Supreme Court decision Zadvydas v. David (533 US 678): “the Due Process Clause applies to all persons within the United States, including aliens, whether their presence here is lawful or unlawful.”

But on the other hand we have expedited removal where a person does not see the inside of a courtroom and a low-level immigration officer simply deports a person without any due process. Expedited removal is only allowed to be applied to undocumented immigrants without any documentation, not on asylum seekers which we are mostly seeing today, and has historically been used only on individuals who are repeat offenders.

But the law has been used more and more over the past several years, for example 44 percent of all removals from the United States were conducted through expedited removal in 2013.

Media

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