us-constitution immigration
At what point do immigrants acquire the right to due process
<p>I am asking this because president Trump is calling for sending immigrants who approach the border from Mexico to be sent back without due process. I strongly suspect that it is illegal but a lot of googling and watching cable TV has not pinned down a possible loophole.</p>

<p>While it is completely uncontroversial that any person on US soil has the right to due process, I have not seen anything that gives these rights to people who approach the border but are prevented from crossing it. Specifically, what allows them to be granted admission, activating their right to due process.</p>

<p>The fourteenth amendment does explicitly protect “...life, liberty, or property, without due process...within its jurisdiction...”.</p>

<p>questions:
 - does interaction with a US border guard, even if one isn’t yet in the country, count as “within its(USA) jurisdiction”?
- does refusal of admittance violate any of life, liberty or property?
- is the proposal of the president legal?</p>

<p>I had expected that this question would be answered here alreadynbut I was unable to find anything.</p>

<p>An individual obtains due process rights upon entering into the United States. For a recent write-up on this question, see <a href="https://reason.com/volokh/2018/06/25/a-quick-due-process-lesson-for-the-presi" rel="nofollow noreferrer">this piece at Reason</a>.</p>

<p>The people Trump is talking about generally aren't being denied admission at an established, legal border crossing; they're coming across wherever they can get through, and only being discovered by federal agents thereafter. Because they're already in the United States, they have due process rights. </p>

<p>As for cross-border interactions with ICE or CBP, the extent of due process protections is still an open question. <a href="http://www.scotusblog.com/case-files/cases/hernandez-v-mesa/" rel="nofollow noreferrer">SCOTUS took it up last year</a>, but it kicked the case back to a lower court rather than deciding it. </p>

<p>I think that I now have enough information to answer my question thanks to the discussion here. I change the wording somewhat due to new info in the discussion.</p>

<p>Do new immigrants presenting themselves at entry points have a right to due process (regarding the civil matter of immigration application, similar to the due process rights of deportables)?
No, as they are not yet legally admitted to the USA although they may be detained on US soil. Importantly, the courts look very strongly to congress to decide on immigration policies. The law is clearly explained in:</p>

<p><a href="https://scholarship.law.cornell.edu/cgi/viewcontent.cgi?article=2724&amp;context=clr" rel="nofollow noreferrer">https://scholarship.law.cornell.edu/cgi/viewcontent.cgi?article=2724&amp;context=clr</a></p>

<p>Can the immigration force refuse them admission, returning them to their home country or to Mexico?
Yes, after the an officer has decided that their asylum claim has no merit. At present, they do have an option of presenting their case to an impartial judge but the DOJ is right now revoking that option, which was never a guaranteed right. If the judges are removed, it’ll be hard to see the process as anything but a sham, where admission becomes harder and harder according to the directives from above.</p>

<p><a href="https://www.axios.com/ag-sessions-vacates-precedent-of-asylum-0a52e9a4-44a4-4087-a198-77c5ab92a37c.html" rel="nofollow noreferrer">https://www.axios.com/ag-sessions-vacates-precedent-of-asylum-0a52e9a4-44a4-4087-a198-77c5ab92a37c.html</a></p>

<p>Does international law provide any requirement of due process or admission criteria? 
I do not think so. It seems very difficult to do even in principle as countries have diverse principles and politics. I could not find any binding laws. After some more search, I found: “Under both U.S. law and international treaties that came after the Holocaust, border officials must allow people who say they’re afraid to return home to submit their claims in the asylum process”. I am still looking at what the treaties say.</p>
