> Basically you are not allowed to stay in a country without A - being a citizen of that country OR B - without a permit to stay there. No lawyers are needed to debate this, either you have A or B or not. This happens all over the world.
It depends on the country and on the relationship between two different countries and what you mean by "stay".
For example, you can stay for a while in any EU country if you are a EU citizen, even if you aren't a citizen of that country (or move there, with some additional bureaucracy).
Also, OP didn't argue illegal immigrants shouldn't be deported, or even that they shouldn't be jailed, but that this should require due process. Due process is done to determine whether the law has been broken, according to the criteria established by law. The fact that the law establishes criteria isn't a point against due process, it's the whole foundation of due process.
EU states agreed to allow their citizens to move freely around the EU states and to stay in another state without any permit.
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