(04-25-2025 10:48 AM)ThreeifbyLightning Wrote: The solution to this issue is due process within immigration settings needs to be explicitly defined.
It pretty much is.
Quote:The courts have ruled (1) that illegal aliens are subject to due process considerations; and (2) due process in illegal alien cases is more limited in most cases than the standard process under the 5th and 14th amendments for American citizens.
And they have defined those limits. Remember those cases on ERH that noted those that I linked for you?
Quote:In other words, each judge can apply their own qualifiers to it, because that issue has not been universally addressed or defined. Ideally, Congress would take up immigration reform to address issues such as improper and illegal entry policy tactics and the parameters for what's clearly legal for removal operations. But that will probably never happen so we're left with the courts who will decide individual cases but likely leave a final declaration of this issue off the table.
8 CFR seems replete with those things. Same with 8 USC.
Those sections go into excruciating detail on many specific due process rights. Burdens, allowance of evidence, right to counsel.
The problem in this arena is four-fold:
1. you have an administration that absolutely and wholly lies to its followers about the presence of due process in the issue. They say 'illegals dont have them', and the mushbrains (like many here) simply regurgitate that false point. case in point Steven Miller, and various posters here who post his thin garbage like the Bible. (not you, Three).
2. you have an administration that simply doesnt care that the existing system can actually deal with the issue in time. In fact, again they lie about it. Case in point -- just a few days ago Trump falsely yelled that it would take 200 years to deal with it if he couldnt get his way with insta-deportations. Absolutely fing bull****.
And his followers lap that **** up like fine wine.
3. you have an administration that is fundamentally violating the basics of the legal program to help keep their woodie hard on insta-deportation. Implementing the EAE was fktard move -- an overreaction that catered to the short term wet dreams of really stupid people, without any regard to the standing law. And they continue that crap in the lawsuits. Lying, ignoring court orders, yada yada yada. And his fktard stupid followers just think its awesome.
4. There *is* an element of racism to this. This administration is actively provoking the 'otherism' aspect in this. Maybe they know their base, maybe they dont.
The issue isnt defining the process -- 8 CFR and 8 USC go way into the weeds already for that.
The issue is that Trump has convinced his low IQ followers that fundamental rights dont exist here, and above from others as evidence, that if they are fundamental rights there is nothing wrong with ignoring them.
Trump is opening doors that can, and most probably will, be used devastatingly by the Left against the Right in terms of the legal process. And MAGA is too fing stupid to note it, or simply wants to wreck it in the first place.