“The very core of liberty secured by our Anglo-Saxon system of separated powers has been freedom from indefinite imprisonment at the will of the Executive.”

— Boumediene v. Bush, 553 U.S. 723, 826 (2008) (Scalia, J., dissenting)

“If due process is of no moment, what is stopping the Government from removing and refusing to return a lawful permanent resident or even a natural born citizen?” — Abrego Garcia v Noem, April 17, 2025

In a 5/10/25 Politico article, Kyle Cheney wrote that federal judges from both parties are warning that President Trump’s mass deportation efforts—often bypassing due process—threaten constitutional protections for all Americans. Judges cite cases of immigrants deported illegally or without hearings, sometimes in defiance of court orders. Judges argue that undermining due process for noncitizens could endanger U.S. citizens as well. Despite legal pushback, Trump officials defend their actions as fulfilling a voter mandate. The courts insist that “process is not puffery,” and that constitutional protections apply to “persons”—citizens and noncitizens alike.

Why in Federal Court and not in Immigration Court?

If an ICE detainee claims their constitutional right to due process is being violated—e.g., no notice of hearing, unlawful detention, or expulsion without a fair hearing—only a federal court can decide that. Zadvydas v. Davis (2001), and Demore v. Kim (2003) confirmed that noncitizens may challenge the constitutionality of their detention via habeas corpus in federal courts.

Federal district courts have jurisdiction under 28 U.S.C. § 2241 to hear habeas corpus petitions from individuals who are “in custody in violation of the Constitution or laws or treaties of the United States.” This includes noncitizens detained by ICE who argue that their detention is unlawful. their removal would violate constitutional rights (e.g., due process), or their deportation violates statutory protections (e.g., eligibility for relief or improper designation of their status).

Immigration courts, which are administrative courts under the Department of Justice’s Executive Office for Immigration Review, only adjudicate immigration status, removability, and eligibility for relief. They do not have jurisdiction to issue writs of habeas corpus, rule on constitutional claims, and review the lawfulness of ICE’s detention practices.