DUE PROCESS DEPENDS ON WHAT’S AT STAKE, NOT ONLY FOR THE CITIZENS BUT FOR THE GOVERNMENT:

"What process is due?"

Two factual issues:

1. Enter the U.S. without inspection.
2. Remain in U.S. without status.

No equitable issues to consider.

99% of outcomes are removals.

Congress intended the process to run by Regulation.

If Congress doesn't like the Regulation… https://t.co/PZbQHEVsQ5

— Shipwreckedcrew (@shipwreckedcrew) February 5, 2026

The Supreme Court in Mathews v. Eldridge:

“[D]ue process is flexible and calls for such procedural protections as the particular situation demands,” Morrissey v. Brewer, 408 U. S. 471, 408 U. S. 481. Resolution of the issue here involving the constitutional sufficiency of administrative procedures prior to the initial termination of benefits and pending review, requires consideration of three factors: (1) the private interest that will be affected by the official action; (2) the risk of an erroneous deprivation of such interest through the procedures used, and probable value, if any, of additional procedural safeguards; and (3) the Government’s interest, including the fiscal and administrative burdens that the additional or substitute procedures would entail.

This applies to immigration, too.