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Ray Brescia, Associate Dean for Research and Intellectual Life, Albany Law School

Due process: What it means in US law and its implications for migrant rights

A core principle of the U.S. justice system is that the government must act in accordance with the rule of law. arsenisspyros, iStock Getty Images

As the United States edges up to the 250th anniversary of the Declaration of Independence in 2026, one of the core principles the founders sought to advance – that the government must act with accountability and in accordance with the rule of law – is being strongly tested.

In their deliberations leading up to the declaration, the founders would not just raise deep concerns that the government of King George III was violating the Colonists’ rights, which they described in the declaration. They would also enshrine these principles in the U.S. Constitution over a decade later through the concept of “due process.”

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