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As I understand it they point to the Immigration and Nationality Act of 1952 for why it doesn't need to go through the courts and the Secretary of State has the
by AlecSchueler 2y ago
As I understand it they point to the Immigration and Nationality Act of 1952 for why it doesn't need to go through the courts and the Secretary of State has the authority to sign off on it unilateraly.
- acdha 2y agoThey still have to formally charge them and go through court cases to defend that determination. https://www.justsecurity.org/109012/legal-issues-deportation-palestinian-student-activists/ https://www.justsecurity.org/109012/legal-issues-deportation... > To prove that an LPR is deportable, the government must convene a “removal hearing” before an immigration judge. At that hearing, government attorneys must prove deportability by “clear and convincing” evidence. A number of provisions define the procedures for conducting removal hearings with some specificity. Under those rules, the government must afford LPRs (as well as others in removal proceedings) notice of the charges against them, a right to confront the evidence against them and present their own evidence in response, and a lawyer if they can afford one. … > While 237(a)(4)(C) itself makes the Secretary of State’s determination central to the question of deportability, no provision of immigration law grants the President, the Secretary of State, or anyone else unilateral authority to “revoke” LPRs of their status—by Executive Order or otherwise. They must follow the procedures described above.