[Labyrinthos]

No, the "conservative"/originalism side concerning immigration is defaulting to the plenary power doctrine."Due process does not invest any alien with a right to enter the United States, nor confer on those admitted the right to remain against the national will." Justice Robert H. Jackson as quoted by Justice Scalia in a 1994 case.

You are correct in that Scalia wrote this, but you have take the quote out of context to support your agenda, which makes you no better than CNN. And if we decide to give due process to aliens, then we ought to do so in a way that complies with the 5th Amendment.

[rollo tomasi]

How is it out of context? Read his full dissent of Zadvydas v. Davis. It's pretty short and sweet.

"We are offered no justification why an alien under a valid and final order of removal–which has totally extinguished whatever right to presence in this country he possessed–has any greater due process right to be released into the country than an alien at the border seeking entry." Part of Scalia's context.

[rollo tomasi]

Scalia’s point has always been Congress and the Executive have the authority and due process does not necessarily protect immigrants *targeted* for deportation or jail. He was hands off in terms of immigration policies. If they can’t deport, jail, if they can deport, deport.