Deportations, the administration’s preferred tactic du jour, appear to many as extreme, inadvisable, and often cruel. Are they unconstitutional? What framework can we use to determine the rights of citizens versus aliens, even if legal, even if permanent resident? What kind of process is “due” for the various groups? Where can we locate the origins in our history, and how do they interact with some of the great themes of the Constitution, including the guarantees of the Bill of Rights, and the rights of “persons” as expressed in the 14th Amendment? The case of Mahmoud Khalil offers a set of facts that shed light on these questions, as do other deportations; we start with this one.
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