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In the United States, due process is meant to safeguard against government overreach. The clause states that no state may deprive any person of life, liberty or property, without due process of the law. The concept dates back to the Magna Carta of 1215, and due process remains at the core of the U.S. Constitution. “One of the founding principles of the United States is that folks should be treated fairly, and due process ensures that,�� says CUNY constitutional law professor Jared Trujillo.But how can due process be applied in real life?In simple terms, due process is what it means to have a fair trial. The due process clause, found in the 5th and 14th Amendments of the U.S. Constitution, is applied at the federal and state levels. It states that the government must follow certain procedures before depriving a person of their life, liberty or property. These procedures include, but are not limited to:Providing reasoning for legal action, such as an arrest.Being granted a chance to challenge any accusations made against you.Receiving a fair and impartial jury of your peers, should you go to trial.Under the U.S. Constitution, due process applies to everyone in the United States, regardless of background or immigration status. Two types of due processThere are two types of due process. Substantive due process determines whether a law violates fundamental rights such as the right to marry or privacy. While these rights are not directly stated in the Constitution, they are so fundamental to human welfare or well-being that we follow them anyway. Procedural due process refers to how laws are carried out in legal proceedings. This includes key protections in the 5th Amendment such as protection against double jeopardy (cannot be tried for the same crime twice), the right against self-incrimination or “I plead the fifth�� and the right to a grand jury indictment (if you are charged with a crime, a grand jury must determine that there is enough evidence to bring you to a trial). Civil vs. criminal legal proceedingsA civil case usually involves disputes between at least two private parties. In these cases, parties turn to civil court to resolve their disputes. An example of a civil dispute is if one party sues another for a breach of contract. Criminal cases involve actions that harm the state or people, like murder or robbery. Unlike a civil case, where defendants pay monetary damages if convicted, the defendant faces imprisonment in criminal cases.Under the 6th Amendment, which does not directly state due process but aids in the procedures that uphold it, individuals in criminal or civil proceedings have the right to an attorney. In criminal cases, defendants have the right to a public defender, meaning their attorney is paid for by the government. In civil cases, the government is not required to pay for an individual’s attorney. Immigration court is classified as a civil, not criminal. So, although individuals in immigration court have a right to an attorney, the court is not obligated to provide one for them. You might hear a judge say, they have the right to counsel “at no expense to the government."Some organizations that assist immigrants in need of legal representation are the ACLU, Legal Services Corporation (generally limited to those with legal status), National Lawyers Guild and The Equal Justice Initiative.Violations of due processWhat happens if this constitutional right is violated? Here are some actions that would be considered a violation of your rights:Failure to be heard in courtA biased judgeA prosecutor failing to disclose evidence that suggests a defendant may be innocent of the crimeFailure to be notified before action is takenAn unreasonable delay in legal proceedings Coerced confessions used in courtIf you believe your rights have been violated, Trujillo recommends that you act urgently.“Speak to a lawyer. Immediately speak to a lawyer,�� he says. Document everything pertaining to the alleged violation, report it to the Department of Justice and consider filing a lawsuit. If you cannot afford a lawyer or want to learn more about your options, go to ACLU.org, or contact your local bar association or civil rights organizations that may provide “know your rights�� training. Violations can lead to overturned convictions, dismissal of charges or reinstated benefits.