Help Refugees at Risk in the U.S. and Globally

Due process is a fundamental right guaranteed by the U.S. Constitution. It protects people against arbitrary government decisions and ensures fairness in legal matters. Both citizens and non-citizens in the U.S. have the right to due process - a chance to defend their rights and to have a fair hearing.

Now, this principle faces a critical test. On April 7, 2025, the Supreme Court deliberated on whether non-citizens have the right to any form of legal process before being removed to foreign countries. Although the justices differed on the specifics of the process, they unanimously reaffirmed that the fundamental right to due process extends to everyone in America, regardless of their legal status. This case comes amid policy changes and executive actions by the Trump administration resulting in the rapid expulsion of non-citizens, including asylum seekers, often without traditional legal hearings—raising profound questions about the boundaries of constitutional protections in immigration enforcement.

Do non-citizens have the right to due process?

Yes. Under the U.S. Constitution and laws, due process requires just and fair treatment of everyone, regardless of background or immigration status, if their life, freedom, or property is at risk. This includes having the opportunity to defend their rights in court. But current policies that speed up deportations and limit access to lawyers have made it harder for non-citizens to get a fair chance. Furthermore, some policies are denying non-citizens any process at all before they are expelled. Due process is fundamental to ensuring credible and fair immigration and asylum systems.

What is habeas corpus?

A vital part of due process is habeas corpus. This protection, which predates the U.S. Constitution, allows individuals to challenge their detention by the government, ensuring that imprisonment is not arbitrary or unlawful. For immigrants, habeas corpus serves as a crucial safeguard, enabling them to contest their detention to ensure that proper legal procedures are followed. It is a fundamental check on government power and a key element in upholding justice. The Supreme Court has reaffirmed twice this year that non-citizens have a fundamental right to challenge their detention and removal through habeas corpus.

Why is a fair hearing important?

Having a chance to go before a judge is an essential part of due process. Hearings allow individuals and the government to present evidence and for the judge to make a decision based on the facts and the law. Individuals get to explain their situation and appeal mistaken decisions, protecting their rights. Fair hearings can lead to better decisions so that the public has confidence in the integrity of the legal system.

Non-citizens facing deportation have a right to due process, which usually includes a hearing before a judge. But current policies are making it even more difficult for non-citizens to get a fair hearing - rushing decisions, limiting the authority of immigration judges, and trying to remove people from the U.S. through rapid deportations that deny them the opportunity to present their case to a judge. A former immigration judge previously described immigration court hearings as “death penalty cases in a traffic court setting” because of the high stakes outcomes in a system that has limited protections. Now, fair hearings are becoming even harder to come by.

Why does legal representation matter?

The right to speak with a lawyer and to have your attorney represent you in court is a key part of due process. However, in immigration cases, unlike in criminal cases, lawyers are not provided by the government. Immigration law is very complex, and some immigrants don’t speak English fluently. Having a lawyer who understands the complexities of the law and the immigration process—and who can present the client’s situation to the judge—is critical. Studies show that people with lawyers are five times more likely to receive the immigration legal status they are entitled to under the law compared with those without legal representation.

Why are children especially in need?

Children who arrived in the U.S. without their parents need lawyers to protect their rights and ensure they are not sent back to abuse, trafficking or other danger. Without an attorney, children—including infants and toddlers—have to face the complicated immigration process alone, with little chance to defend their rights or avoid deportation.

For more than 20 years, unaccompanied children have received legal aid through a program funded by the federal government, which has enabled organizations like the IRC to represent unaccompanied children in immigration court. Although a federal court temporarily blocked the Trump administration from terminating this support, the U.S. government has now decided to fund the program in 3-month increments—leaving organizations like the IRC without the adequate stability needed to provide legal representation for unaccompanied children. The Trump administration could revoke this critical resource at a moment’s notice. In August, 2025, the U.S. government committed a flagrant violation of due process protections for unaccompanied children by attempting to remove more than 100 Guatemalan children in the middle of the night—even those with active immigration cases. The IRC calls on the Trump administration to immediately halt all actions that violate due process and legal protections for unaccompanied children.

The Alien Enemies Act: A threat to due process

On March 15, 2025, President Trump declared that the U.S. was under invasion by a Venezuelan gang, Tren de Aragua, and invoked the centuries-old Alien Enemies Act (AEA). Part of the Alien and Sedition Acts of 1798, the AEA gives the U.S. government authority during wars to arrest and expel non-citizens from enemy countries. It has only been used three times in U.S. history, most infamously during World War II as part of the internment of Japanese Americans, which President Ronald Reagan later described as a “grave wrong” and an action “taken without trial, without jury” that was “based solely on race.”

Under President Trump’s current order, Venezuelans as young as 14 (with the exception of U.S. citizens and green card holders) can be expelled from the country without any hearing if they are merely accused of being members of the Tren de Aragua gang. Several lower courts as well as the Supreme Court have paused the administration from removing people under the AEA, but litigation remains ongoing. Forcibly transporting Venezuelans to a prison outside the U.S. without immigration hearings or any other legal process is a profound break from the Constitution and the American tradition of due process.

 How can you help?

• Urge policy reforms to strengthen due process protections, including legislation that guarantees legal representation for unaccompanied children in immigration proceedings through The Fair Day in Court for Kids Act of 2025 and expanding access to legal representation for individuals facing deportation through the SHIELD Act.
• Raise public awareness to promote fair treatment of all non-citizens in the U.S. and prevent the erosion of their fundamental legal rights under the Constitution.

Ensuring due process is not just a legal obligation—it is a safeguard against discrimination and injustice. Policymakers and advocates must work together to uphold these protections and prevent policies that threaten the basic rights of non-citizens in the U.S.