rationally BASED
Episode 34 | Immigration and Due Process: the Emerging Battleground
"Due process of law" is emerging as THE central legal battleground for immigration reform in 2026-27. In this episode, Kathryn Johnson and law professors Joshua Kleinfeld and Ilan Wurman break down the three biggest new cases — and confront the deeper question: What is "due process" anyway? First is Genalo v. Black, which the Supreme Court will hear this October. The statute requires that immigrants convicted of major crimes be detained pending their deportation hearings. But what if those hearings are delayed for years? Does prolonged detention eventually violate due process? Ilan argues that plaintiffs' claim is a weak substantive due process argument (and obviously so), while Josh argues that it's a mistaken but reasonable procedural due process claim. Second is the Fifth Circuit case of Rodriguez v. Ortega, involving illegal immigrants held in mandatory detention pending deportation proceedings. Does mandatory detention violate due process? Does prolonged detention? The issue has caused high drama at the Fifth Circuit and our hosts ask: Is "due process" becoming little more than a fig leaf for judicial political fights over immigration? Third is the D.C. Circuit case of Make the Road New York v. Mullin, challenging the Trump Administration's use of expedited procedures for recently arrived aliens. Under those procedures, an interview with an ICE official — no judge, no counsel — can lead to rapid deportation. Does that violate due process? If you want to understand the legal fights that will shape immigration policy in the year ahead, this is the rational — and based — discussion you won’t hear anywhere else. Be sure to LIKE, SHARE, COMMENT, and SUBSCRIBE to rationally BASED! Subscribe to our Substack! New Podcast Episodes every Thursday morning, find us on Spotify , Apple Podcasts , or on YouTube ! Follow us on social media on Instagram , X , Facebook , and TikTok !
