I recently learned of this tweet’s existence:
The Constitution limits the government in its dealings with anyone, whether they are a citizen or not, legal immigrant or not. The Fifth Amendment says clearly “No person…” Something Lippincott would know if he’d actually read it. The Due Process Clause requires an adversarial process wherein a person who is being held by the government can challenge that detention and the reasons for it. Meaning if a person is detained by ICE on suspicion of being an illegal alien, the person being detained must be given a chance to challenge that before some properly appointed tribunal or a Court of Law.
Article Three of the Constitution also says the judiciary has jurisdiction over “all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority”. That includes enforcement of Title 8 of the United States Code, which is Federal immigration and naturalization law.
