
Mark Levin Podcast 1/23/26 - Immigration Under Fire: The Truth Behind Due Process Rights
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Jan 24, 2026 A fiery breakdown of why immigration law is treated as civil, not criminal, and how statutes and court limits shape due process rights. A heated critique of Islamist ideology and its alleged conflict with American values. Strong attacks on Democrats’ immigration policies and media narratives about ICE. Calls and commentary spotlight local enforcement, sanctuary policies, and proposed restrictions on ICE operations.
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Immigration Proceedings Are Civil Matters
- Mark Levin stresses that immigration proceedings are civil, not criminal, and courts have limited roles defined by Congress and precedent.
- He argues federal courts overstepping statutory limits violate federal law and their orders should be voided.
Deportation Is Enforcing Immigration Conditions
- Levin cites Feng Yu Ting and Padilla to show removal is enforcement of immigration conditions, not criminal punishment.
- He uses these precedents to explain why Miranda and criminal protections don't automatically apply in removal proceedings.
Ex Post Facto Clause Doesn't Apply To Aliens
- Levin notes aliens are not protected by the Ex Post Facto Clause because deportation is civil, citing Galvin v. Press.
- He uses this to illustrate differences between criminal prohibitions and immigration removals.
