‘It is well established that the Fifth Amendment entitles aliens to due process’: The Supreme Court contradicts Nancy Mace’s citizenship claim

Republican U.S. Representative Nancy Mace from South Carolina has sparked controversy with her recent social media post claiming that “Due process is for citizens,” suggesting that constitutional protections are limited to American citizens only.

The statement, which appeared to be part of a series of provocative social media posts, has been contradicted by established legal precedents and recent Supreme Court decisions that affirm due process rights extend beyond citizenship status.

According to MSNBC, the Republican-majority Supreme Court has recently reinforced this principle, citing previous precedent that states, “It is well established that the Fifth Amendment entitles aliens to due process of law in the context of removal proceedings.” This direct contradiction to Mace’s claim highlights the broader scope of constitutional protections.

The Trump administration’s ongoing misinterpretation of due process rights raises concerns

This isn’t the first time that misinterpretations of due process rights have emerged from conservative political figures. Previously, White House deputy chief of staff for policy Stephen Miller made similar suggestions about constitutional protections being limited to citizens, demonstrating a pattern of misunderstanding within certain political circles.

The constitutional amendments that guarantee due process rights specifically use the term “person[s]” rather than “citizens,” intentionally encompassing a broader category of individuals. This distinction is crucial in understanding the scope of constitutional protections in the United States.

Legal experts point out that while citizens are indeed entitled to due process, these protections are not exclusively reserved for citizens. The Constitution’s careful wording ensures these fundamental rights extend to all persons within U.S. jurisdiction.

The ongoing debate over due process rights reflects a larger discussion about constitutional interpretations and their application to non-citizens. Despite claims to the contrary, both historical precedent and current judicial understanding maintain that basic constitutional protections, including due process, apply to all persons regardless of their citizenship status.