Due Process Does Not End at the Border

By Pastor Herrera Macurán
Horizonte Cubano News
August 24, 2026 — Afternoon Edition

The United States has every right to control its borders.

It has the right to determine who may enter the country, who may remain, and under what conditions. It also has the authority to remove people who have no legal right to stay.

But immigration enforcement does not give the government unlimited power.

Due process does not end at the border.

That principle should matter to Republicans, Democrats, conservatives, liberals, immigrants and citizens alike, because the question is larger than immigration.

The real question is how much power Americans are willing to give their government when dealing with people who have the least ability to defend themselves.

A Nation of Laws Must Follow Its Own Laws

There is nothing contradictory about supporting strong immigration enforcement while demanding due process.

In fact, the two principles should reinforce each other.

If the government believes someone should be deported, it should demonstrate that the removal is lawful.

If an immigrant has a legal claim to remain, that claim should be considered through the procedures established by law.

If the claim fails, the government may enforce the resulting order.

That is how a system based on law is supposed to function.

Due process does not guarantee that an immigrant wins a case.

It guarantees that there is a legitimate process for deciding the case.

That distinction is fundamental.

Immigration Enforcement Cannot Become Collective Judgment

One of the dangers of an intensely polarized immigration debate is the tendency to place millions of people into a single category.

But immigrants are individuals.

Their circumstances vary enormously.

Some recently crossed the border.

Some have lived in the United States for decades.

Some have American spouses or children.

Some have pending immigration proceedings.

Some are asylum seekers.

Some have criminal records.

Many do not.

Some entered legally and later lost their immigration status.

Others were brought into the country as children.

A functioning legal system must be capable of recognizing these differences.

The government should enforce immigration law based on individual facts and applicable law — not political slogans.

Criminality and Immigration Status Are Not the Same Thing

This distinction is particularly important.

Being unlawfully present in the United States does not automatically make someone a violent criminal.

At the same time, immigration status should not shield someone who commits serious crimes.

A rational immigration system should prioritize individuals who present genuine threats to public safety while processing other immigration cases according to law.

Americans should be able to support the removal of dangerous offenders without accepting the proposition that every undocumented immigrant should be treated as though he or she presents the same danger.

Public policy requires distinctions.

Politics often prefers slogans.

Government Power Needs Limits

There is another reason Americans should care about due process even if they personally favor aggressive immigration enforcement.

Government powers rarely remain confined forever to the circumstances under which they were created.

Authorities granted to one administration can later be used by another.

That is why constitutional safeguards should never depend upon whether we happen to agree with the president currently exercising power.

Today the issue may be immigration.

Tomorrow it may involve another category of people.

The principle remains the same:

Government must operate within the law.

Americans should be extremely cautious about creating a political culture in which accusations alone are considered sufficient and judicial review is portrayed as an obstacle.

Courts are not an inconvenience.

They are part of the American constitutional system.

Secure Borders and Due Process Can Coexist

The United States does not need to choose between controlling immigration and respecting legal rights.

It can do both.

The country can invest in border security.

It can improve immigration courts.

It can accelerate legitimate asylum decisions.

It can remove individuals after lawful final orders.

It can prioritize dangerous offenders.

It can prosecute trafficking organizations.

It can improve employment verification.

And it can simultaneously ensure that people have meaningful opportunities to raise claims the law recognizes before irreversible removal occurs.

That is not weakness.

That is competent government.

Congress Has Responsibilities Too

Presidents receive enormous attention during immigration controversies, but Congress cannot escape responsibility for a system it has repeatedly failed to modernize.

American immigration law is extraordinarily complicated.

Immigration courts face enormous pressures.

Legal immigration pathways often involve lengthy processes.

Asylum procedures are politically contested.

Employers continue to depend on immigrant labor in several sectors of the economy.

Meanwhile, administrations of both parties attempt to solve through executive authority problems that ultimately require legislation.

Congress cannot spend decades avoiding comprehensive legislative responsibility and then act surprised when immigration policy becomes increasingly dependent on presidential power.

Lawmakers must legislate.

Enforcement Must Remain Accountable

Immigration officers perform difficult and often dangerous jobs.

They deserve clear laws, adequate resources, professional training and political leadership that does not use them as props in partisan battles.

But respect for law enforcement does not mean eliminating accountability.

When allegations of misconduct arise, they should be investigated.

When officers act lawfully, they should be defended.

When officials exceed their authority, appropriate consequences should follow.

No government employee should fear accountability when acting within the law.

And no government employee should be above accountability when violating it.

That principle protects both the public and honorable law-enforcement officers.

America Is Strong Enough to Do Both

Immigration has become one of America’s most emotional political debates.

But the solution does not have to come from either extreme.

We do not need open borders.

And we do not need government without limits.

We need immigration laws that can actually be enforced, courts capable of processing cases efficiently, secure borders, legal pathways that respond to economic realities, and a government that respects constitutional principles while exercising its authority.

The United States should enforce its immigration laws.

It should remove individuals when the law ultimately requires removal.

It should protect its borders.

But it should never accept the idea that efficiency requires abandoning due process.

Because once government convinces citizens that legal protections are inconvenient when applied to unpopular people, those protections become weaker for everyone.

Secure the border.

Enforce the law.

Respect the courts.

Protect due process.

America is capable of doing all four.

Pastor Herrera Macurán is the founder of Horizonte Cubano News. The views expressed in this article are those of the author.