Originally Posted by
blue_can
You can go through all of the text in the relevant CFRs but essentially all valid visa holders are entitled to due process and a hearing before an immigration judge. Non visa holders are not (expect for those claiming asylum) and that would include people traveling under VWP. In fact again there is a section on this and it does say the officers decision is final in the case of VWP - again this was something I had mentioned in my previous post.
That may be the case, but the US constitution has certain protections that cannot be overridden by Congress. If someone claims that they were denied entry due to race, religion, etc., while someone else of their nationality was admitted, they can sue the government for violation of the equal protection clause. They could also claim violation of due process if they weren't given a hearing of some sort.
I don't think anyone has ever made such a claim, but it could happen if someone had enough time and money and a good US-based lawyer. I wouldn't discount the possibility just because Congress said the decision is final.