NBC News host Kristen Welker recently brought up the idea that illegal immigrants have a right to a “justified process” under the constitution. During a discussion with Florida Republican Rep. Byron Donald, she highlighted the significant number of illegal border crossings that occurred under former President Joe Biden.
According to data from Customs and Border Protection (CBP), around 8.5 million migrant encounters were recorded along the U.S. southern border from 2021 to 2024. Welker referenced the Fifth Amendment’s due process rights meant for U.S. individuals, but Donald argued that the Constitution’s framers never anticipated a president who would allow such a high volume of unauthorized entries.
“When the framers wrote our Constitution, they certainly didn’t expect a scenario where millions of people would enter the country illegally,” Donald stated. “Right now, we have a problem where people are not following the law, taking advantage of the Border Patrol Act, and then expecting the court system to rectify it by saying, ‘They’re here, so now they should go through this lengthy process.’
“Looking at the facts, we know nearly 90% of these individuals don’t attend their hearings,” he continued. “So what options does our nation have when people don’t show up?”
The Trump administration previously revealed that an MS-13 member named Kilmar Armando Abrego Garcia had been involved in sending money to a Salvadoran prison and had made “adjustment errors” during his deportation process. This prompted significant outrage from Democrats, who even visited El Salvador to advocate for his return to the U.S.
On April 10, the Supreme Court ruled that the Trump administration must “facilitate” Abrego Garcia’s release from custody in El Salvador and ensure proper handling of his case before deportation occurs.
During Biden’s presidency, net migration reached unprecedented levels. In February 2024, the House voted regarding Secretary of Homeland Security Alejandro Mayorkas’s management of the border crisis, although Senate Democrats soon found themselves addressing various pressing matters.
Welker also questioned Trump about similar issues during a recent “Meet the Press” interview. Trump acknowledged the Fifth Amendment’s provision regarding a “justified process” for illegal immigrants, yet he pointed out the complications that arise from it, much like Donald had mentioned.
“If we’re talking about this, we’re looking at needing to process a million, two million, or three million cases,” he noted. “There are thousands of individuals among them who are involved in serious crimes, including murder and drug trafficking.”
