Federal judges overseeing requests from immigration detainees generally conclude that noncitizens who are detained while present within the United States are entitled to due process rights.
November 20, 2025
high
legal
Describes a common judicial conclusion in federal court proceedings about the applicability of due process to noncitizens detained inside the U.S.
U.S. immigration law and the U.S. Constitution recognize a distinction between noncitizens stopped at or near the border and noncitizens who reside within the country, with due process protections applying to noncitizens residing within the country but not to those stopped at or near the border.
November 20, 2025
high
legal
Summarizes a long-recognized legal distinction affecting the scope of constitutional due process protections for noncitizens.