People here on a visa are receiving a conditionally granted privilege. That privilege isn't an inalienable human right, it is a privilege which can be withdrawn for any or for no reason. People detained for deportation who have entered the country on a visa have no right to a trial because they are not being charged with an offense which carries the penalty of loss of life, liberty or property. They are being sent home, not jailed, executed or forced to forfeit property, therefore they have no right to counsel nor to a trial.
This whole quandary which is puzzling you so is a game conjured up out of thin air by attorneys seeking a payday. One simple test case, carried to the SCOTUS could settle this once and for all. We certainly can simply deport them all, every single one of them we could catch.
People who came here without obeying the regulations can be just as easily ejected. Until an attorney can show that an illegal alien is being deprived by any level of government in this country, of life, liberty or property by being deported, none of them have any standing to demand even a trial. There is no inalienable human right o freely enter any country on earth without obeying that country's requirements for permission to stay. How anyone could ever think for one minute that there is such a right is amazing. For such a right to exist, there can be no soveriegnty of nations at all.
That's just it! You made sense, but, you didn't adequately address how we go out and find all of the illegals. That's what I'm getting at. How do we find those who are here illegaly?
We [USA] recognize the right of people to the pursuit of life liberty and happiness [property]. It doesn't say that Americans rights are recongnized...it says the peoples right is recognized.
I suppose some crafty liberal lawyer could twist this into a right of trial...