Due process.

What is it? Who gets it??

There has been some misinformation about this fundamental right that’s guaranteed by the U.S. Constitution. 

[CLIP: Welker: Your Secretary of State says everyone who is here, citizens and noncitizens, deserve due process. Do you agree? TRUMP: I don’t know. I’m not a lawyer.]

Well I am a lawyer. And I’ve argued before the Supreme Court. [Bob audio from Supreme Court] I may do TikTok dances from time to time, but I know a thing or two about the legal system.

The 5th Amendment to the Constitution explicitly says “no person shall … be deprived of life, liberty or property, without due process of law.” 

Now simply put, “due process” guarantees that you will not be arbitrarily fined, arrested, or deported — and that you must know the reason officials have targeted you. You must also have an opportunity to contest those allegations before a neutral third party. 

How formal and complicated this process is depends, in part, on the potential consequences of the charges.

For example, if you get a parking ticket, your “due process” would be the opportunity to contest it before having to pay a fine. That could mean sending a written statement to a traffic court. 

Or maybe you get arrested during a protest. Your “due process” would require being told why you are being arrested. You must also have the right to defend yourself (with the help of a lawyer) in a hearing with a neutral decision-maker. 

If you’re charged with a crime, you have the right to a trial. 

If you are an immigrant who has been detained by ICE and are facing deportation, you are entitled to a notice of the charges against you. The government must provide you with a charging document, often called a “notice to appear,” outlining the reasons for potential deportation. 

You have the right to present evidence before an immigration judge to show why you should not be deported. You might be seeking asylum, for example, or have a student visa or green card. You are entitled to a judgment based on the facts of the case and applicable law — and you have the right to appeal the decision to a higher court. 

You cannot simply be ripped off the streets and deported without a chance to defend yourself. That would be a clear violation of due process. 

Our country was founded on the idea that the government cannot arbitrarily take away your rights and liberties — and that everyone has a right to defend themselves. And that really means everyone. 

The word “person” in the 5th Amendment makes no distinction between citizens and noncitizens. The 14th Amendment makes this applicable to the states as well. And the Supreme Court has reaffirmed this multiple times — conservative and liberal justices have agreed. 

Due process is a fundamental constitutional protection to ensure that all of us can maintain our life, liberty, and our property — regardless of who we are or where we come from. 

This is a right that goes to the very roots of our democracy. 

Please — help me combat misinformation about due process by sharing this video.