ICE arrests Palestinian activist who helped lead Columbia University protests, his lawyer says

[Rumpole]

Nope, true. You seem to be confusing the right of the executive to declare and alien a threat and the due process that follows.

They can declare anything that want, but that does not preclude his right to due process, where such declarations have to be proven in court.

 

[Rumpole]

Yes it’s equal. The constitution protects all under its jurisdiction equally

Uh, no. The constitution does not protect undocs equally with green card holders. There are notable differences. To wit:

The difference between a green card holder and an undocumented immigrant under the law is as stark as night and day, no matter how much some people would love to pretend otherwise. The Constitution, for all its lofty ideals, does not extend its full embrace to the undocumented in the same way it does to lawful residents.

Yes, the courts have ruled that "persons" under the Fifth and Fourteenth Amendments include noncitizens. That means they can’t be summarily executed or thrown in jail without some semblance of due process. But don’t mistake that for equality. A green card holder, by virtue of their legal status, has a security that an undocumented immigrant simply does not. The latter can be dragged into an immigration holding cell and ejected from the country with fewer legal options, fewer chances to fight, and fewer protections against a bureaucratic machine designed for efficiency rather than fairness. A green card holder, by contrast, cannot be expelled unless they have actually committed a serious crime, and even then, they have a fighting chance to challenge it in court.

Then there’s the issue of work and benefits. A green card holder can work legally, collect Social Security, even retire comfortably within the system. The undocumented? They can work only if they’re willing to risk exploitation, under-the-table wages, or the threat of an ICE raid. Public benefits? Forget it. Outside of emergency medical care and basic education for children--concessions made more for the sake of public order than human dignity--they get nothing.

Travel? A green card holder can come and go, visit family abroad, return without issue. The undocumented are prisoners in a country that doesn’t want them, but also won’t let them leave without consequence. Step outside the border, and they’ll be slapped with bans that can last for years, if not forever.

And don’t even think about the Second Amendment. A green card holder can legally own a gun. An undocumented immigrant caught with one is looking at a felony charge. So much for the idea that the Constitution protects everyone equally.

Then there’s politics. A green card holder can’t vote in federal elections, but some localities will let them have a say. The undocumented? No voice, no vote, no political existence. Just bodies that live in the shadow of a system that demands their labor but denies them representation.

Even in the realm of criminal justice, where we like to pretend that rights are universal, the distinction is glaring. A green card holder, arrested for a crime, gets all the legal protections of due process. An undocumented immigrant? They get a fast-tracked path to deportation because immigration law isn’t even considered criminal law--it’s administrative. That means no right to a public defender in deportation proceedings, no jury trial, no appeals that take decades. Just the cold efficiency of a system designed to remove rather than adjudicate.

So let’s dispense with the illusion that constitutional protections apply equally. They don’t. The green card holder has rights, security, and legal recourse. The undocumented immigrant lives at the whim of a system that tolerates their presence until it decides it no longer will. That’s the difference. It’s real, and it’s undeniable.

 

[MarcATL]

A federal judge on Monday scheduled a Wednesday court hearing for Mahmoud Khalil, a recent Columbia University graduate who was arrested by U.S. Immigration and Customs Enforcement (ICE), forbidding the government from moving forward with deportation efforts before then.

https://thehill.com/homenews/education/5186856-mahmoud-khalil-columbia-protests-ice-arrest-trump-immigration-crackdown/

Lawyers for Khalil, a legal immigrant and leading pro-Palestinian demonstrator whose arrest was cheered by President Trump, have also filed a motion seeking his return to New York.

Lawyers for Khalil, a legal immigrant and leading pro-Palestinian demonstrator whose arrest was cheered by President Trump, have also filed a motion seeking his return to New York.

Khalil’s attorney, Amy Greer, said in a statement to The Hill that it hadn’t been immediately clear where ICE took Khalil. His team had originally thought New Jersey, but reports, including from The New York Times, indicated he had been taken to Louisiana.

This is what fascism looks like. Government tyranny against citizens for having the wrong opinion/saying the wrong words.

 

[Rumpole]

18 U.S. Code § 245 - Federally protected activities

www.law.cornell.edu

You know it better than I do. You're just applying your 'Public Defender' mantra.

It doesn't work

What, precisely, in my comment do you believe is not accurate? "it doesn't work' is not a substantive rebuttal.

 

[pknopp]

Do you have a link for the hand then?

She noted that Williams organized the June 2020 protest at a Planned Parenthood clinic in Manhattan and livestreamed it, bragging about it afterward, even though the hand of a worker at the clinic was injured when Williams tried to push a door closed as the worker attempted to let a volunteer enter.

Tennessee woman gets over 3 years in prison for blocking clinic access during protest

 

[Tommy Tainant]

Terrorism is: the use of violence to achieve a political goal by creating fear in a population. It can involve threats or actual violence against people or property.

BTW, your hero has a British security clearance. That's fishy.

Like boycotting bud light ?

 

[WEATHER53]

Many more to come so many more can GO!!!
Thinker 101

 

[OKTexas]

Mare keeps arguing the issue here is free speech. When he well knows there is a specific statute regarding the deportablility of any alien whose actions constitute a "reasonable ground to believe would have potentially serious adverse foreign policy consequences for the United States"

Well that and providing material support for a terrorist organization. He was raising money for Hamas.

.

 

[Wild Bill Kelsoe]

Like boycotting bud light ?

That's your idea of terrorism?...lol

 

[WEATHER53]

Like boycotting bud light ?

You can tell people not to buy it and not but it yourself
You can’t tell people to join you in blocking the delivery truck

 

[Tommy Tainant]

That's your idea of terrorism?...lol

Its on the same level of crazy. This is the fascist tactic of disappearing people. If you had a case we would have heard it by now.

 

[Contumacious]

And you cheered it....But, to be succinct, he is not charged with any crime, rather the SoS believes he is a threat to foreign policy, and a National Security threat. He is a green card holder, NOT a citizen....Those are but a couple of problems with your line of argument.

The SOS can not use his speech against him - no explanation how the same constitutes a "threat to foreign policy"

 

[Contumacious]

Their homeland is all around Israel, not in it, they are arabs

HUH?

 

[Contumacious]

Of course it has, folks have been deported for it. See, Reno v AADC Reno v. AADC, 525 U.S. 471 (1999)

In Reno , the plaintiffs were here illegally Mahmoud Khalil has been a long time green card holder

"An alien unlawfully in this country has no constitutional right to assert such a claim as a defense against his deportation. Pp. 487-492."

He supports Hamas. The United States Govt has designated Hamas a terrorist organizations ages ago.

So did the US and Israel. Those governments CREATED Hamas as an alternative to Yasser Arafat and the PLO. Mr Khalil has a right to his opinion.

The fact you hate Jewish people isn't relevant to the topic.

You miserable dingle berry

Stop obfuscating. Neither the MIisrahi nor the Naturei Karte JEWS support genocide , zionism or Apartheid. Only the white supremacists known as ASS-k-NAZI Zionists support the latter.

 

[Rawley]

That, if true, has to be proven in court, as he is entitled to due process.

Yes, he is entitled to due process. Which is happening as we speak.

 

[Rawley]

They can declare anything that want, but that does not preclude his right to due process, where such declarations have to be proven in court.

No one has argued he isn't. But his case will be heard in immigration court.

 

[Rawley]

Well that and providing material support for a terrorist organization. He was raising money for Hamas.

.

If that's true, that seals his fate.

 

[Contumacious]

The US has, indeed, provided a vast amount of aid to Israel, but very little of it in the first two decades of its existence.

Our help only began to expand and take-shape after the 1967 War, in which Israel kicked major Arab-Muslim a$$... again.

And we will CONTINUE to provide our dear friends in Israel with the help they need against your Arab-Muslim hegemony.

Sux to be you-and-yours, I'm sure... doesn't it, Achmed?

The US is wrong about Israel . An attack on Iran will cause a nuclear WW3.

 

[OKTexas]

If that's true, that seals his fate.

I heard on a local talk show on the radio he was selling T-shirts to raise money for Hamas.

.

 

[Contumacious]

Just a re

If that's true, that seals his fate.

Just a reminder , there are no winners in a nuclear WW3