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>I don't know what "due process" consists of for immigration violations but I would bet my last dollar that it is an absolute joke compared to the high end of c
by NoMoreNicksLeft 1y ago
>I don't know what "due process" consists of for immigration violations but I would bet my last dollar that it is an absolute joke compared to the high end of civil
Then let's explore that. There are some rights which aren't fundamental human rights... that is, you don't get them just by virtue of existing. Voting comes to mind, that's a citizen's right only.
The right to be present within the borders of the United States is another such right. If you aren't a citizen, you do not have this right. We might extend the temporary privilege to non-citizens, but it is absolutely at the prerogative of the United States... subject to revocation at any time. The idea that it can't just be subject to revocation (arbitrary or otherwise) is the dimwitted notion that there is a sort of second-class citizenship... that some not-really-citizens can be here permanently and we can't decide that we want them to return home.
So, if they can be deported (for reason, or none at all), the only recourse such people have is "I can prove I'm a citizen". If ICE isn't letting them do so, if they protest that they are a citizen and the ICE agent sticks his fingers in his ears and chants "I can't hear you" repeatedly, then that would be a violation of due process. The process which is due (among whatever other redundant triplechecks they should be doing) is to hear all such protests in good faith and evaluate whatever evidence such a person provides. I haven't heard of any refusing to do such a thing (but if they have, it should be grounds for termination).
I reject the idea that it is necessary or desirable to drag each of these foreigners before a judge to perform this function.
> is going to punish people the same way they punish criminals
I don't want these people punished at all. Punishment would be putting them in prison (where they would stay in the United States). If someone is trespassing on your property and you call the police, the police would punish them by prosecuting, convicting, and incarcerating. When they drag them from your property and tell them to get lost, that's not punishment. It's just removal from where they aren't permitted to be. It's still not punishment even if they cry that they don't want to go home.
- estearum 1y ago> The process which is due (among whatever other redundant triplechecks they should be doing) is to hear all such protests in good faith and evaluate whatever evidence such a person provides. I haven't heard of any refusing to do such a thing (but if they have, it should be grounds for termination). A DOJ lawyer literally said they haven't been doing this sufficiently and then he got sacked by Pam Bondi. SCOTUS then reaffirmed 9 to 0 that the original lawyer who admitted this failure in court was actually correct, that DOJ wasn't giving people their due process rights. I find it extremely hard to believe you have not heard about the Kilmar Abrego case?
- NoMoreNicksLeft 1y ago>I find it extremely hard to believe you have not heard about the Kilmar Abrego case? Yes. And to the best of my knowledge he is not a citizen.
- estearum 1y agoWhich does not preclude him from having due process rights, as SCOTUS ruled 9-0 (and has been reaffirmed unequivocally by about 180 years of case law).
- NoMoreNicksLeft 1y agoHis due process rights were "if he protests that he is a citizen, then they must make effort to determine if that is the case with haste, and release him if it checks out". He did not assert citizenship, they did not violate due process rights. No other process is due him. Anyone claiming that it's a violation of due process rights doesn't know what they mean, though for a moment I had hope for you... you sort of described them, or at least hinted at them, but you're unable to apply what you described to this situation. Due process rights can't and won't keep non-citizens in this country if they are trying to avoid deportation, and shouldn't ever. Non-citizens only have the revocable-for-any-reason-or-none privilege of visiting, and that only if they get the visa.
- estearum 1y agoWhy do you think SCOTUS disagreed with you 9-0? What do you know that they don’t?
- anonfordays 1y agoThey literally agreed with what he just stated. Don't comment with "gotchas" that you don't understand.