What is the true definition of “due process” for illegal immigrants?
The title of your question could be the title of a law school course. It’s a great question and it would make for a great class, book or law review article. But to answer your specific question, the Immigration and Nationality Act (8 U.S.C. Sections 1101 et seq.) permits the detention of persons unlawfully in the U.S. pending a decision on whether they may remain or must be deported, but it does not specify how long they may be held in custody. Regulations indicate that a detained person should be served with a Notice to Appear within a few days of being taken into custody, but this doesn’t always happen. As soon as someone is taken into immigration custody, someone (for example an immigration attorney) can request a bond hearing with an immigration judge for the detainee. The availability of such hearings varies based on the local court procedures. If the process.is taking too long then the person should speak with the immigration court administrator. If the detainee is ordered remove
