shere khan
Southerner

Posts: 76,590
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I Root For: Memphis
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RE: Womp Womp - MS13 member shipped to El Salvador can remain there
(04-16-2025 08:02 AM)tanqtonic Wrote: (04-16-2025 07:27 AM)TripleA Wrote: (04-16-2025 06:23 AM)gdunn Wrote: (04-16-2025 02:07 AM)CardinalJim Wrote: Illegal aliens have no rights. They’re criminals. They entered the country illegally. The fact some federal judge in DC says otherwise matters not.
By all rights the American people should be able to bring in these invaders to their nearest ICE office and turn them over to be sent to the prison in Cuba.
It’s likely the only reason that isn’t happening is Leftist scum would figure out a way to use the same process against White, Straight, Christian Conservative men given the opportunity. That’s what the evil SOB’s always do.
BuT dUe PrOtHeSs
I got curious at exactly what the law says, and what typical court conduct has been recently.
We all certainly realize that due process is in the constitution. It then becomes a matter of how we feel about it, and how it is actually put into practice.
The results to me were a little surprising. Here is one example.
Quote:In the ruling, Justice Antonin Scalia wrote “it is well established that the Fifth Amendment entitles aliens to due process of law in deportation proceedings.”
How it works in practice: Immigrants have the right to due process. But in reality, says, Andrew Arthur, a resident fellow in law and policy at the conservative Center for Immigration Studies, “courts of law run the gamut.”
In some cases, immigrants are not granted a hearing at all. When asked about the president’s tweet, White House Press Secretary Sarah Sanders pointed to the process of “expedited removal,” which was created by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.
“Just because you don’t see a judge doesn’t mean you aren’t receiving due process,” Sanders said.
Under the expedited removal process, immigrants who have been in the country illegally for less than two years and are apprehended within 100 miles of the border can be deported almost immediately without going through a court hearing.
The exception is asylum seekers, who must be granted a hearing.
Those who are not processed through expedited removal have the right to due process in an immigration court, where the main goal is to decide whether a person has a legal claim to remain in the U.S.
“In immigration court, you have very few rights,” said John Gihon, an immigration attorney who spent six years as a prosecutor for U.S. Immigration and Customs Enforcement before moving into private practice.
Gihon says the bar for what constitutes evidence is lax in immigration court. Documents do not have to be authenticated, and hearsay, a statement made by someone outside of the court, as opposed to on the witness stand, counts as admissible evidence. Hearsay is not allowed in most U.S. courts.
“In the majority of cases, it’s a lock solid 100 percent guaranteed conviction because there is little defense, and most would confess they crossed the border illegally,” Gihon said.
Observations:
1. Scalia said aliens. He did not mention "illegal" aliens.
When before the hearing, they are aliens. Once found illegal, they are illegal aliens. Its a time and 'prior to finding the status' thingie.
Its not Scalia leaving a loophole open. Its him being precise.
Quote:2. Courts run the gamut in their interpretation of the law.
3. Illegal immigrants here under 2 years and caught within 100 miles of the border can be deported with no hearing, per a 1996 law.
4. The burden of evidence pointing to deportation is lax in immigration court.
And all this was before Biden let in millions of illegals, many with violent criminal records.
And the bolded doesnt change the items above it.
Quote:I would bet that under no circumstances did those who wrote the relevant laws ever envision that we would just drop our borders and allow everybody in with no vetting.
That isnt the issue, 3A. The issue is the *basic* application of of due process.
Picking someone up off the street, ignoring the finding of a previous court with no notice, hearing, or oppty to defend isnt anything *any* person with a 3rd grade level knowledge of basic civics would say is due process. In fact -- it is the sin qua non of ignoring due process. No matter what happened in the interim.
Quote:I think in reality, that last line in bold above, where the immigrants entered illegally, pretty much in practicality annuls their due process rights.
Low bar to due process doesnt equal -- Picking someone up off the street, ignoring the finding of a previous court with no notice, hearing, or oppty to defend,
Quote:So, it's not as cut and dried as one would think.
In the current cases it is.
Again -- Low bar to due process doesnt equal -- Picking someone up off the street, ignoring the finding of a previous court with no notice, hearing, or oppty to defend,
No matter how much one screams that it is.
Bwahahaha
You got wrecked. Accept it
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