According to a new report released by the Heritage Foundation, federal courts may be overstepping their authority in immigration cases, particularly those involving noncitizens facing deportation. The conservative think tank, known for its influence in Republican politics, argues that due process rights for noncitizens in deportation proceedings are limited. Senior legal fellow Hans von Spakovsky, who served as a former Department of Justice official, outlined in the memorandum how noncitizens have varying levels of due process rights depending on their status.
Von Spakovsky emphasized that while noncitizens have certain legal protections, their rights in immigration cases are less extensive than those of U.S. citizens. For instance, a noncitizen charged with a crime still has the right to counsel, but the legal processes for deportation are often conducted in immigration courts rather than federal courts. These proceedings may allow for quicker removals, especially in cases where a migrant is apprehended within two years of crossing the border illegally, unless the individual asserts a credible fear of persecution.
The analysis coincides with heightened tensions between the Trump administration and federal courts over immigration policy. Critics of the asylum system argue that it has been abused, with some migrants allegedly making false claims to avoid deportation. This has sparked legal battles, including a recent court order that blocked the Trump administration from severely limiting asylum claims. The Heritage Foundation’s report is part of efforts to assert that the judiciary is interfering with the administration’s immigration agenda, calling for greater legal clarity and enforcement.