To be clear, immigration “court” decisions aren’t “judicial action” either. Immigration courts are entities within the executive branch, which can’t exercise ju

To be clear, immigration “court” decisions aren’t “judicial action” either. Immigration courts are entities within the executive branch, which can’t exercise judicial powers. They’re a procedural device for the executive branch to control how it exercises its discretion. The immigration laws provide very limited judicial review of immigration court decisions—even where someone appeals an immigration court decision to a real court, the government can still deport that person during the legal challenge. Immigrants are entitled to “due process”—but “due process” doesn’t mean “judicial process.” Due process is a flexible concept that depends on the nature of the legal right being asserted. Non-citizens have no constitutional right to be in the U.S. So in my view the only constitutionally required “process” is to verify whether someone is a citizen or not. And I think that can be done adequately within the executive branch.