3 ms·

There are some differences for illegal immigrants, though. For example they don't have the right to due process under expedited removal (passed by Bill Clinton

There are some differences for illegal immigrants, though. For example they don't have the right to due process under expedited removal (passed by Bill Clinton in 1996).

empath75 1y ago
This is a little misleading. Under Clinton, they could basically just turn them around at a port of entry. Eventually (2004) this was expanded to people within 100 miles of a border within 2 weeks of entering the country, and then in 2020 they _dramatically_ expanded this to people anyone who has been here for less than 2 years, and that has not been tested in court, really. This is sort of a classic example of a slippery slope, FWIW. As soon as you deny anybody due process, the category of people that applies to will just constantly expand. Now, there's basically nothing stopping immigration officials from immediately deporting anybody they want, citizen, non-citizen, illegal or legal immigrant.
- jahewson 1y ago
  > Now, there's basically nothing stopping immigration officials from immediately deporting anybody they want, citizen, non-citizen, illegal or legal immigrant. What nonsense. We have the courts. There must be a valid determination made that a person entered illegally for expedited deportation to apply. Due process applies to that determination - if it is not made correctly then sue. But more importantly why on earth would it not be made correctly? If you can’t prove that you’re a US citizen then something is very wrong.
  - friendlyasparag 1y ago
    It’s tricky to argue it in court if you have already been deported to a prison in a foreign country.
  - BoiledCabbage 1y ago
    > There must be a valid determination made that a person entered illegally for expedited deportation to apply. Are you arguing about the way it should be or making a statement about the way things currently are?
wombatpm 1y ago
How do you prove you are not an illegal immigrant when picked up off the street? Surely there must be some due process around the determination of your illegal status.
jahewson 1y ago
That’s not true. They have the right to due process, as enshrined in the constitution. Clinton did not suspend that right he merely limited specific legal options available.

There are some differences for illegal immigrants, though. For example they don't have the right to due process under expedited removal (passed by Bill Clinton in 1996).

empath75 1y ago

This is a little misleading. Under Clinton, they could basically just turn them around at a port of entry. Eventually (2004) this was expanded to people within 100 miles of a border within 2 weeks of entering the country, and then in 2020 they _dramatically_ expanded this to people anyone who has been here for less than 2 years, and that has not been tested in court, really. This is sort of a classic example of a slippery slope, FWIW. As soon as you deny anybody due process, the category of people that applies to will just constantly expand. Now, there's basically nothing stopping immigration officials from immediately deporting anybody they want, citizen, non-citizen, illegal or legal immigrant.

jahewson 1y ago
> Now, there's basically nothing stopping immigration officials from immediately deporting anybody they want, citizen, non-citizen, illegal or legal immigrant. What nonsense. We have the courts. There must be a valid determination made that a person entered illegally for expedited deportation to apply. Due process applies to that determination - if it is not made correctly then sue. But more importantly why on earth would it not be made correctly? If you can’t prove that you’re a US citizen then something is very wrong.
- friendlyasparag 1y ago
  It’s tricky to argue it in court if you have already been deported to a prison in a foreign country.
- BoiledCabbage 1y ago
  > There must be a valid determination made that a person entered illegally for expedited deportation to apply. Are you arguing about the way it should be or making a statement about the way things currently are?

wombatpm 1y ago

How do you prove you are not an illegal immigrant when picked up off the street? Surely there must be some due process around the determination of your illegal status.

jahewson 1y ago

That’s not true. They have the right to due process, as enshrined in the constitution. Clinton did not suspend that right he merely limited specific legal options available.