American Civil Liberties Union

Due Process

Americans' most basic constitutional rights are severely threatened when people's ability to go to court are restricted or denied. The due process and equal protection clauses embodied in our Constitution and Bill of Rights apply to every "person," and are not limited to U.S. citizens. However, lawful immigrants are routinely denied their constitutional right to a day in court, and judges must automatically deport them regardless of how minor the infractions, how long they have lived here or whether they have a citizen spouse or children.