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Gerardus T. Hauwert @Hauwertsr
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Are (legal and/or illegal) "foreigners" CURRENTLY afforded the "Right of Due Process"?

I'm NOT a lawyer; I'm just trying to get a BASIC IDEA about this subject matter.

NOTE the source in this (2014) link; it starts with some international concepts.

ir.lawnet.fordham.edu/cgi/viewconten…
- ".. citizenship has been thought of as the relationship of an individual to a sovereign government, encompassing the obligations of each to the other."

- ".. aliens, on the other hand, (were) defined more in terms of obligations between the state and the alien’s home state.."
- ".. because states—rather than individuals—were considered the subjects of international law.."

- ".. stateless individuals were essentially at the mercy of all states in whose territories they might find themselves.."
- ".. a state generally has the exclusive authority to regulate conduct in its territory."

- "(Aliens) continued to owe allegiance to (their) native state, aliens in the territory of a host state owed “local allegiance”.. for the temporary protection of the laws of the land."
- "(TECHNICALLY, aliens who are) denied.. equal protection of the law.. (find the local state) in breach of its obligations toward the alien’s state of nationality rather than toward the alien himself (or herself)."
- ".. there was never any requirement under international law that aliens
enjoy all of the privileges of citizens, such as the right to participate in
government.."

THE MELDING OF ".. international law concepts into (US) domestic law.." follows:
- "1798.. national security measures known collectively as the Alien and Sedition Acts.. which included the Alien Act (expired in 1800).. and the Sedition Act.. as well as the Alien Enemy Act."

* COMMENT: Wiki indicates FOUR acts "signed into law by President John Adams in 1798"
Paraphrased:
[1] The NATURALIZATION ACT "made it harder for an immigrant to become a citizen"
[2] ALIEN FRIENDS ACT "allowed the president to imprison and deport non-citizens who were deemed dangerous"; expired 1801
[3} ALIEN ENEMY ACT for aliens "who were from a hostile nation"
[4] SEDITION ACT which "criminalized making false statements that were critical of the federal government"; expired 1800

"That 'persons' under the Fifth Amendment.. includes citizens and aliens within the United States is well settled"

There is more:

"Zadvydas v. Davis, ..
.. 533 U.S. 678, 693 (2001) (“[O]nce an alien enters the country, the legal circumstance changes, for the Due Process Clause applies to all ‘persons’ within
the United States, including aliens, whether their presence here is lawful, unlawful, temporary, or permanent.”
".. however.. such rights may vary according to citizenship and immigration status".

"Aliens who have not acquired any domicile or residence in the United
States are generally entitled to very little process to determine whether they
should be permitted to enter the country".
YET:

"Although covered by the Due Process Clause, an alien seeking entry at a port of arrival is not constitutionally entitled to a judicial hearing, even if claiming to be a U.S. citizen"
"The distinction between due process protections accorded to
'deportable', compared to 'excludable' aliens, for purposes of removal
hearings, has thus traditionally been stark."

"Deportable aliens are those who have entered the country but have become ineligible to remain."
"Under the 'entry fiction', excludable (now called 'inadmissible') aliens are deemed to be standing at the border of U.S. territory.. even if they have been paroled into the country.. or have previously been admitted to the United States and lived there many years."
"The U.S. Supreme Court has held that excludable aliens seeking entry into the United States are not entitled to the same due process prior to being removed that applies to aliens who have achieved entry."

Examples:
"Deportable" (VISA overstay)
"Inadmissible" (Illegal Entry)
"An (excludable / inadmissible) alien nevertheless has other life, liberty, or property interests with respect to which he would likely be accorded at least some due process.. Further, he(/she) certainly could not be punished without the full benefits of a criminal trial."
"The Alien Enemy Act.. remains on the books, practically unchanged."

- "The law of war permits the internment of enemy civilians and combatants and the confiscation of their property, regardless of whether the alien demonstrated any actual hostility."
- ".. alien enemies are to be given adequate time to depart the country upon the outbreak of war."

- ".. enemy aliens present in the United States may be interned.. or
deprived of property by summary administrative proceeding."
- "The Supreme Court found that an enemy alien may be deported
without the ordinary due process accorded to noncitizens in deportation
proceedings in the United States, even after hostilities have ended."
- ".. a state of war in which hostilities take place within the United
States eliminates due process rights of any enemy fighter, whether a foreign
invader or a citizen who has taken up arms against the government during a serious rebellion."
Also:

- "339 U.S. 763, 782 (1950) (rejecting the contention that nonresident enemy aliens engaged in hostilities against the United States were “persons” within the meaning of the Fifth Amendment and had the right to access the courts to petition for a writ of habeas corpus)."
- ".. the Supreme Court declined to extend the alien enemy doctrine, as described in Johnson v. Eisentrager,.. to cover suspected
enemy combatants (who are not technically enemy aliens) detained by the
United States in an area subject to its jurisdiction overseas."
Example:

Enemy Alien (legal, deportable or excludable/inadmissible Enemy IN THE US)
Enemy Combatant (Alien or US Enemy DETAINED IN A US OVERSEAS AREA)
"Some lower courts were willing to permit detention of “enemy combatants” within the United States, whether citizens.. or aliens,.. without requiring much due process, but the Supreme Court has not validated this view."
This ends a basic look at the US Territorial Jurisdiction over Foreign Nationals (Due Process for Aliens) in peace and wartime.

NOT looked into (in this thread) is any EXTRATERRITORIAL APPLICATION OF THE DUE PROCESS CLAUSE or US CRIMINAL LAW for citizens or aliens abroad.

/end.
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