Mark Levin Podcast Summary
Episode: “Immigration Under Fire: The Truth Behind Due Process Rights”
Date: January 24, 2026
Host: Mark Levin

Overview

In this passionate and unfiltered episode, Mark Levin dissects the state of U.S. immigration law, the limits of due process rights for non-citizens, and the current political battles over ICE (Immigration and Customs Enforcement). Levin, blending his background as a constitutional scholar and conservative commentator, calls out what he sees as misinformation from Democratic politicians and media about immigration enforcement and due process. The episode also touches on radical ideologies entering the U.S., the politicization of law enforcement, and reactions to recent controversies involving ICE.

Key Discussion Points & Insights

1. Due Process Rights in Immigration Proceedings

[01:03 – 12:30]

• Civil Vs. Criminal Proceedings:
  • Immigration proceedings are civil, not criminal. As such, non-citizen “aliens” have only the due process rights prescribed by Congress and clarified by the Supreme Court—not the full suite afforded to citizens in criminal trials.
• Legal Precedents:
  • Levin references Feng Yuting v. U.S. (1893):

    "The immigration proceeding is in no proper sense a trial and sentence for a crime or offense. It is simply the ascertainment by appropriate and lawful means of the fact whether the conditions exist...that an alien [...] may remain within the country.” [06:49]

  • Rights to jury trials, protection under the Ex Post Facto clause, and Miranda rights are not applicable to deportation (civil) proceedings.
• Role of Federal Courts:
  • Congress has strictly limited federal courts’ ability to even hear most immigration/deportation decisions.
  • Immigration judges are administrative officials within the Dept. of Justice, not Article III federal judges.

Memorable quote:

“Aliens… are not entitled to be advised of their Miranda rights or to the assistance of a government appointed lawyer during their deportation proceedings... That’s a 1966 Supreme Court decision, Miranda v. Arizona. You may have heard of it.” [09:46]

2. Democratic Party, Media, and Mischaracterization of ICE

[35:56 – 55:50]

• Political Attacks on ICE:

  • Levin criticizes Democratic politicians like AOC, Blumenthal, and others for threatening to defund or severely restrict ICE, allegedly in pursuit of new constituents and political power.

• Fact vs. Fiction: ‘ICE Detains Children’ Story:

  • Levin reviews a recent controversy where ICE was accused of detaining a five-year-old, playing audio from ICE Executive Marcos Charles:

    “Arias fled from law enforcement on foot, abandoning his child in the middle of winter in a vehicle. Officers stayed behind with the child… Later, the child’s own family refused to open the door and take him in.” [38:22]

  • Levin uses this to challenge narratives about ICE “targeting children.”
    • Memorable jab at critics:

      “Now people need to start using common sense… ICE agents are American citizens. They’re patriotic, they're parents and grandparents. They love this country, they love children, they're humane.” [36:49]

• Politicians Simulcasting Misinformation:

  • Levin plays statements from Rep. Ro Khanna, AOC, and Sen. Blumenthal, refuting their claims and highlighting what he sees as disingenuous rhetoric meant to vilify ICE and create administrative chaos.

3. Radical Ideologies and U.S. Immigration

[12:50 – 35:00]

• Imported Extremism:
  • Levin plays and analyzes disturbing statements from California and Chicago-based Islamic clerics (“Imam Sheikh Atman Ibn Farouk” and “Mohammed Nasriat”), arguing that “Islamists”—distinct from all Muslims—are using religious rhetoric to incite revolution and undermine the American system.

    “You understand why I say [Islamism is] incompatible with the Judeo Christian belief system. It’s incompatible with our declaration, it’s incompatible with the Constitution, our Bill of Rights.” [20:43]

• Democratic Response:
  • He claims the Democratic Party and “radical left wing Democrat judges” protect such influences under the pretense of civil liberties.

4. ICE Vs. State & Local Governments; Law Enforcement Under Siege

[56:03 – 62:26]

• Eric Swalwell’s Comments:
  • Levin reacts to Rep. Swalwell's threats against ICE agents in California, highlighting his vow to revoke their driver's licenses if they continue immigration enforcement.
• Arizona AG Chris Mays’ ‘Stand Your Ground’ Warning:
  • Levin is outraged at Arizona’s Attorney General suggesting that citizens could conceivably shoot ICE agents, claiming she’s inciting violence and giving people an excuse to attack law enforcement.

    “She’s giving people an excuse, ladies and gentlemen. Now she’s giving people an excuse.” [79:24]

• Union, Communist, and Far-Left Coordination:
  • Levin presents a rundown of socialist, labor union, and openly communist organizations coordinating anti-ICE protests and shutdowns, including the DSA (Democratic Socialists of America), major labor unions, and the Communist Party USA.

    “These are revolutionary groups… all working together. That, to me, is the most important part of the story.” [96:14]

5. Callers on Immigration, Law, and Patriotism

[83:01 – 102:10]

• Frequent Themes:
  • Support for law enforcement.
  • Frustration with one-party states/cities blocking federal laws.
  • The importance (and universality) of providing identification in daily life.
  • Debates over fairness and the rule of law.
• Notable Callers’ Quotes:
  • “Every airport we go into… has security, called TSA and Customs and Immigration. Customs. Immigration is ICE. You have to present a passport or an ID or something to get on a plane...” (Kevin from CT) [83:08]
  • "We have to, we have to do something… It just makes me sick what’s happened with law enforcement in these cities because I know that they want to do their job." (Ed from CA, retired law enforcement) [91:11]
  • “I love this country, even though sometimes it doesn’t love me back. I still will not trade it for anything. I did everything the right way.” (Kenny, veteran and retired police, TN) [102:10]

Notable Quotes & Moments

• On Due Process in Immigration:

  “Those who claim that non citizens… are entitled to the full panoply of constitutional rights enjoyed by American citizens are flatly wrong.” [04:00]

• On ICE and Political Manipulation:

  “You literally have Democrats like AOC and others… who say they are not going to fund the government unless in the case of AOC, ICE is defunded.” [37:24]

• On the Nature of ICE Judges:

  “They are employees of the Department of Justice who are selected by the Attorney General and who act as the Attorney General’s delegates in the cases that come before them.” [11:22]

• On Left-wing Accusations:

  “So now ICE is attacking American citizens. No they’re not.” [53:21]

• On Political Hypocrisy:

  “The law apparently doesn’t apply to them. And notice how the Democrats are absolutely silent about it.” [87:19]

Timestamps for Important Segments

• Main Legal Analysis of Due Process and Immigration Law:
  [01:03 – 12:30]

• Imported Extremism, Islamic Clerics and U.S. Security:
  [12:50 – 21:00]

• Criticism of Democratic Rhetoric and ICE ‘Abuse’ Stories:
  [35:56 – 44:00]

• Press Conference on Five-Year-Old ICE Case:
  [38:22]

• Calls and Reaction to State, Local, and Judicial Interference:
  [83:01 – 102:10]

• Discussion of Far-Left Protest Coordination:
  [94:20 – 97:30]

Tone & Style

Levin’s style is fiery, direct, and unapologetically combative. He peppers analysis with personal insults aimed at politicians he views as dishonest, interspersed with appeals to patriotism, constitutional order, and the rule of law. His listeners are frequently encouraged to see themselves as part of a besieged majority resisting dangerous political and ideological changes.

Conclusion

Mark Levin’s Jan. 24, 2026 episode is a comprehensive—and incendiary—tirade against what he sees as manipulative narratives about U.S. immigration enforcement. He argues that current political opposition to ICE and border enforcement is grounded in misinformation, a lust for political power, and the deliberate weakening of American institutions for ideological gain. The episode moves fluidly from legal analysis to broad sociopolitical commentary, set amid a chorus of supportive callers and sharper-edged refutations of Democratic leaders and media claims.

For listeners seeking an unfiltered conservative perspective on immigration law, due process, and current political battles, this episode is a showcase of Levin’s signature blend of legal argument, polemic, and populist advocacy.