"The courts have all of a sudden, out of nowhere, they said, maybe you have to have trials"

[Rigby5]

Why does this judge have jurisdiction?

The judge has jurisdiction because it is a federal charges and the judge runs a district federal court.
Who else could have jurisdiction?

 

[Rigby5]

I didn’t break into their country. If I did I could end up in a pretty shitty situation.

The US is illegally imposing economic sanctions on Venezuela, so then to avoid being charged with war crimes, the US has legislated that everyone in countries the US imposes economic sanctions on can apply for asylum.
That is how we got Miami to be full of Cubans.
We were no allowed to deport Cuban refugees because we were illegally imposing economic sanctions on Cuba.

 

[Rigby5]

The Supreme Court, however, has suggested that the extent of due process for aliens present in the United States may vary depending upon [the alien’s] status and circumstance. For instance, at times the Court has indicated that at least some of the constitutional protections to which an alien is entitled may turn upon whether the alien has been admitted into the United States or developed substantial ties to this country. Thus, there is some uncertainty regarding the extent to which due process considerations constrain Congress’s exercise of its immigration power with respect to aliens within the United States.

Additionally, in Department of Homeland Security v. Thuraissigiam, the Supreme Court in 2020 held that an alien detained shortly after entering the United States could not constitutionally challenge a federal statute limiting judicial review of his expedited removal proceedings (a streamlined removal process applicable to aliens apprehended at or near the border)

The Court observed, moreover, that only aliens who have established connections in this country have due process protections in their removal proceedings.<


The Supreme Court’s jurisprudence indicates that, although aliens present within the United States generally have due process protections, the extent of those constitutional protections may depend on certain factors, including whether the alien has been lawfully admitted or developed ties to the United States, and whether the alien has engaged in specified criminal activity. Therefore, even with regard to aliens present within the United States, the Court has sometimes deferred to Congress’s policy judgments that limit the ability of some classes of aliens to contest their detention or removal.

Whether or not the defendant is being charged with being an illegal immigrant cannot at all reduce their legal rights to a hearing because there can be a case of mistaken identity and the person may actually be a citizen.

But clearly cases like Kilmar should not have been able to be deported at all since the rest of his family, including wife and children, are US citizens.

 

[excalibur]

Wrong.
The constitution always guarantees judicial hearings in the 5th amendment, and that is superior to any law congress may try to pass.

Obama did not force deportations, but instead allowed voluntary deportation, and you don't need a hearing for a voluntary deportation.

And involuntary arrests, imprisonment, or deportation has always had a judicial hearing.

Nope, most removals get immigration court, and an appeal to BIA if they choose, and one law allows deportation almost instantly.

The 5th apples to life, liberty and property, and 99+% of illegals have none of that on their ticket.

 

[struth]

Whether or not the defendant is being charged with being an illegal immigrant cannot at all reduce their legal rights to a hearing because there can be a case of mistaken identity and the person may actually be a citizen.

But clearly cases like Kilmar should not have been able to be deported at all since the rest of his family, including wife and children, are US citizens.

His wife being a citizen isn’t relevant the court said he was deportable because he came here illegally He had a full hearing in2019

 

[Mac1958]

Donald Trump, President of the United States: It's a very difficult thing with the courts, because the courts have all of a sudden, out of nowhere, they said, maybe you have to have trials, trials.

It's not very fair of you to just assume that an American President would have any understanding of the way our legal system works.