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Immigration law is wildly different from what people expect. But it is the law and it has been held up in countless court cases. This weirdness is not new. I t

Immigration law is wildly different from what people expect. But it is the law and it has been held up in countless court cases. This weirdness is not new. I think most of the weirdness comes from the fact that entering the country illegally, or remaining in the country illegally can be crimes, but they can also be civil offenses. “Civil” means no jail time, but people still get deported without going to criminal court. “Civil” also means “doesn’t have to be proven beyond a reasonable doubt,” and “no constitutional right to a public defender.” Immigration law tries to provide limited forms of some of those ideas. There’s a kind of bail system, and people have a right to be represented by attorneys, but no right for those attorneys to be paid by the government. There is somebody referred to as an immigration judge, and they have a federal job, but they aren’t regular federal judges. It’s possible to appeal an immigration court’s decision to a federal district court to get into the legal system we’re more familiar with. * https://www.congress.gov/crs-product/IF11536 https://www.congress.gov/crs-product/IF11536 * https://www.congress.gov/crs-product/IF12158 https://www.congress.gov/crs-product/IF12158 * https://www.congress.gov/crs-product/LSB10559 https://www.congress.gov/crs-product/LSB10559 * https://www.congress.gov/crs-product/LSB10362 https://www.congress.gov/crs-product/LSB10362

exe34 1y ago
apparently immigration law infringement only goes to court if you're trying to stop them now - if they want to send you to a concentration camp, there's no right to due process.
- maxlybbert 1y ago
  The Alien Enemy Act is actually an incredibly old law (i.e., it’s not a new development). What is new is attempting to use it based on a declaration that there’s been a non-military invasion ( https://www.congress.gov/crs-product/LSB11269 https://www.congress.gov/crs-product/LSB11269 ). I think it’s pretty clear that the Supreme Court is going to eventually strike that down, but the courts can only act in response to the cases they get, and only answer specific legal questions at different phases of those cases. But about a month ago, the Court did rule people who the government wanted to send to El Salvador have a due process right to challenge that decision in regular federal court as a habeas corpus proceeding ( https://www.supremecourt.gov/opinions/24pdf/24a931_2c83.pdf https://www.supremecourt.gov/opinions/24pdf/24a931_2c83.pdf ). They later issued an order that the people covered by the original ruling cannot be deported based on the Alien Enemy Act until further notice ( https://www.supremecourt.gov/orders/courtorders/041925zr_c18e.pdf https://www.supremecourt.gov/orders/courtorders/041925zr_c18... ).
  - exe34 1y ago
    yes, the courts have been ruling, but the executive has been ignoring.
    - MiguelX413 1y ago
      The supreme court even ruled unanimously.

exe34 1y ago

apparently immigration law infringement only goes to court if you're trying to stop them now - if they want to send you to a concentration camp, there's no right to due process.

maxlybbert 1y ago
The Alien Enemy Act is actually an incredibly old law (i.e., it’s not a new development). What is new is attempting to use it based on a declaration that there’s been a non-military invasion ( https://www.congress.gov/crs-product/LSB11269 https://www.congress.gov/crs-product/LSB11269 ). I think it’s pretty clear that the Supreme Court is going to eventually strike that down, but the courts can only act in response to the cases they get, and only answer specific legal questions at different phases of those cases. But about a month ago, the Court did rule people who the government wanted to send to El Salvador have a due process right to challenge that decision in regular federal court as a habeas corpus proceeding ( https://www.supremecourt.gov/opinions/24pdf/24a931_2c83.pdf https://www.supremecourt.gov/opinions/24pdf/24a931_2c83.pdf ). They later issued an order that the people covered by the original ruling cannot be deported based on the Alien Enemy Act until further notice ( https://www.supremecourt.gov/orders/courtorders/041925zr_c18e.pdf https://www.supremecourt.gov/orders/courtorders/041925zr_c18... ).
- exe34 1y ago
  yes, the courts have been ruling, but the executive has been ignoring.
  - MiguelX413 1y ago
    The supreme court even ruled unanimously.