Leo123
Diamond Member
- Aug 26, 2017
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Democrats, the judiciary and the media have all been carping about Trump's 'stay in Mexico' policy. Which is why that doesn't happen.
trump has some curious views about this country's laws.
- Thread starter berg80
- Start date
whitehall
Diamond Member
Tell it to Elion Gonzalez. His mother died taking him to freedom in America from Cuba and Clinton's gestapo sent him back. Criminal aliens who entered the U.S. illegally can be deported without hearings. Every administration did it but only republicans get blamed.
BackAgain
Neutronium Member & truth speaker #StopBrandon
The OP has some (ie, almost exclusively) asinine views about what our laws say and do.
NewsVine_Mariyam
Diamond Member
Your comment piqued my interest so I asked my AI assistant:
Me:
Is an interview before issuing a remove order for someone in the U.S. unlawfully considered "due process"?
AA:
Great question, Mariyam — and the short answer is: it depends on the context and adequacy of the interview.
In U.S. immigration law, due process under the Fifth Amendment does apply to all "persons" within the United States — including noncitizens, whether lawfully or unlawfully present. However, the level and nature of due process owed varies depending on the type of proceeding.
Key legal points:
1. Due Process = Notice + Opportunity to Be Heard
The U.S. Supreme Court has repeatedly held that noncitizens physically present in the U.S. are entitled to due process.But that doesn’t mean everyone gets a full trial.
2. Types of Removal Processes Matter
| Process | Due Process Protections |
|---|---|
| Formal removal/deportation proceedings | Conducted before an immigration judge with right to counsel (at own expense), to present evidence, and to appeal. Clearly includes due process. |
| Expedited removal (e.g., at border, or within 100 miles of border within 14 days of entry) | Limited due process. No hearing before a judge; officer makes the decision. Can sometimes be challenged via habeas corpus. |
| Reinstatement of removal | For people previously removed who reenter unlawfully. Very limited due process — mostly administrative. |
| Voluntary return | Person agrees to leave without formal order. No hearing, limited rights — usually signed away. |
So, is an interview “due process”?
An interview alone — especially if done by an immigration officer and not a judge — does not necessarily satisfy due process unless:- The person was given notice of the removal action
- They were told the basis for their removal
- They had a meaningful opportunity to respond or contest it
- And the process complied with existing legal procedures
But if it’s the only step, especially under expedited removal, it may fall short.
Rigby5
Diamond Member
Wrong.
No one deported anyone without a hearing except for Trump.
Illegal entry in the US is not a crime, its just a regulatory infraction.
The Border Patrol gives people a choice of a hearing or not, and there is a bigger penalty if they choose a hearing and then lose.
No one can ever be deported without a hearing if they want one, because the 5th amendment applies to everyone, including illegal immigrants.
Elion Gonzales was returned to his father since he was the only surviving parent.
Rigby5
Diamond Member
The Bill of Rights obviously applies to all human being, citizen or not, so you can't do anything to anyone without a hearing.
So things like detaining students here on visas is illegal within 24 hours without a hearing.
Yes. Starting six years ago. Multiple hearings. Two of which resulted in deportation orders.
Doesn't beating your head against a brick wall start to hurt eventually?
luiza
Diamond Member
100%
An Un-American paid Troll Bot .
For it to be otherwise he would have to be possessed of the IQ-2.0 syndrome .
Obsessed and mentally unbalanced .
Lesh
Diamond Member
- Dec 21, 2016
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Exactly
Without due process , how do we know that those deported aren’t actually citizens?
BackAgain
Neutronium Member & truth speaker #StopBrandon
Since you generally don’t have the slightest clue what the **** you babble about, I’m not quite surprised that you don’t grasp the concept of “due process.”
I happen to be one who agrees that the Constitution also secures some rights to all people here, not just citizens. However, the rights it guarantees are not uniform across the board for aliens and citizens alike.
A non citizen can’t legally vote here. Dumbasses like you nevertheless insist that this is tantamount to a denial of due process for aliens.
It isn’t.
Arrest an alien on criminal charges and that alien does get the right to trial, etc.
But, once again, an immigration removal proceeding in any a criminal matter. So the due process rights of an alien are far more circumscribed. And the question remains “what process is the alien sue in that administrative proceeding?”
marvin martian
Diamond Member
Trump Says Undocumented Immigrants Shouldn’t Get Trials Before Deportation
President Trump asserted on Tuesday that undocumented immigrants should not be entitled to trials, insisting that his administration should be able to deport them without appearing before a judge.
The remarks, which he made in the Oval Office in front of reporters, were Mr. Trump’s latest broadside against the judiciary, which he has said is inhibiting his deportation powers. Mr. Trump falsely claimed that countries like Congo and Venezuela had emptied their prisons into the United States and that he therefore needed to bypass the constitutional demands of due process to expel the immigrants quickly.
“I hope we get cooperation from the courts, because we have thousands of people that are ready to go out and you can’t have a trial for all of these people,” Mr. Trump said. “It wasn’t meant. The system wasn’t meant. And we don’t think there’s anything that says that.”
Trump Says Undocumented Immigrants Shouldn’t Get Trials Before Deportation
The president claimed that countries were sending their prisoners to the United States and that he needed to bypass the constitutional demands of due process to expel them quickly.www.nytimes.com
I'm not sure who the "we" is in that comment but the 5th A guarantees several fundamental rights in criminal cases. It protects against double jeopardy, self-incrimination, and ensures due process before the government can take away life, liberty, or property.
Is it surprising to see trump admit he is unfamiliar with the founding principles of justice in America? Absolutely not. But even though they are stooges, one would hope people like the AG and Solicitor General have a working knowledge of the laws governing the country. Assuming they are, why haven't they disabused Don of his ignorance? Why are they allowing the POTUS to entertain notions of ruling without regard for the law? Why does he think he should get to choose who gets a trial and who doesn't? How could you folks have elected such a man?
LOL, what about "unvaccinated"?
berg80
Diamond Member
- Oct 28, 2017
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- Thread starter
- #53
A Judge Finally Rules Trump Can’t Apply Alien Enemies Act To Alleged Gang Members In The First Place
Despite the reams of documents, hours of hearings and the unlawful expulsion of Venezuelan detainees, no judge had ruled on whether the Trump administration can even apply the Alien Enemies Act to these alleged gang members — until Thursday.U.S. District Judge Fernando Rodriguez Jr., a Trump appointee in the Southern District of Texas, ruled that the administration’s contortion of the law — meant to spring to life when a “foreign nation or government” is carrying out an “invasion or predatory incursion” into the United States — went far beyond its scope. The Trump administration has argued that the Venezuelan government, through alleged members of the gang Tren de Aragua, is “invading” the United States.
“The historical record renders clear that the President’s invocation of the AEA through the Proclamation exceeds the scope of the statute and is contrary to the plain, ordinary meaning of the statute’s terms,” Rodriguez wrote. “As a result, the Court concludes that as a matter of law, the Executive Branch cannot rely on the AEA, based on the Proclamation, to detain the Named Petitioners and the certified class, or to remove them from the country.”
A Judge Finally Rules Trump Can’t Apply Alien Enemies Act To Alleged Gang Members In The First Place
Despite the reams of documents, hours of hearings and the unlawful expulsion...
talkingpointsmemo.com
The clock is ticking on how long it will be for trumples to throw this trump appointee under the bus.
dudmuck
Diamond Member
Allowing the President to unilaterally define the conditions when he may invoke the AEA, and then summarily declare that those conditions exist, would remove all limitations to the Executive Branch’s authority under the AEA, and would strip the courts of their traditional role of interpreting Congressional statutes to determine whether a government official has exceeded the statute’s scopeA Judge Finally Rules Trump Can’t Apply Alien Enemies Act To Alleged Gang Members In The First Place
Despite the reams of documents, hours of hearings and the unlawful expulsion of Venezuelan detainees, no judge had ruled on whether the Trump administration can even apply the Alien Enemies Act to these alleged gang members — until Thursday.
U.S. District Judge Fernando Rodriguez Jr., a Trump appointee in the Southern District of Texas, ruled that the administration’s contortion of the law — meant to spring to life when a “foreign nation or government” is carrying out an “invasion or predatory incursion” into the United States — went far beyond its scope. The Trump administration has argued that the Venezuelan government, through alleged members of the gang Tren de Aragua, is “invading” the United States.
“The historical record renders clear that the President’s invocation of the AEA through the Proclamation exceeds the scope of the statute and is contrary to the plain, ordinary meaning of the statute’s terms,” Rodriguez wrote. “As a result, the Court concludes that as a matter of law, the Executive Branch cannot rely on the AEA, based on the Proclamation, to detain the Named Petitioners and the certified class, or to remove them from the country.”
A Judge Finally Rules Trump Can’t Apply Alien Enemies Act To Alleged Gang Members In The First Place
Despite the reams of documents, hours of hearings and the unlawful expulsion...talkingpointsmemo.com
The clock is ticking on how long it will be for trumples to throw this trump appointee under the bus.
Billiejeens
Diamond Member
- Jun 27, 2019
- 52,502
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Not that head.
BluesLegend
Diamond Member
And?? It's clear they are in OUR country illegally so GTFO you filthy criminal law breaking illegal MF'ers!
MagicMike
Platinum Member
Obama who?
Boy!
This dude lives bigly in your head doesn't he?
Awww.**** off with your GASLIGHT DOUBLE STANDARD BULLSHIT, STALINBERG!!!!!!!!
You sound triggered snowflake.
kyzr
Diamond Member
I think it does for CBP border encounters, as few as they are, an "expedited removal".
When ICE gets a non-criminal illegal, I'm not sure what happens, for a criminal illegal I think they get a quick hearing then get a plane ride to CECOT. See post #44.
SeaMajor7
Diamond Member
CrusaderFrank
Diamond Member
- May 20, 2009
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None of the ten million deported by Clinton, Bush, Obama or Biden got trialsTrump Says Undocumented Immigrants Shouldn’t Get Trials Before Deportation
President Trump asserted on Tuesday that undocumented immigrants should not be entitled to trials, insisting that his administration should be able to deport them without appearing before a judge.
The remarks, which he made in the Oval Office in front of reporters, were Mr. Trump’s latest broadside against the judiciary, which he has said is inhibiting his deportation powers. Mr. Trump falsely claimed that countries like Congo and Venezuela had emptied their prisons into the United States and that he therefore needed to bypass the constitutional demands of due process to expel the immigrants quickly.
“I hope we get cooperation from the courts, because we have thousands of people that are ready to go out and you can’t have a trial for all of these people,” Mr. Trump said. “It wasn’t meant. The system wasn’t meant. And we don’t think there’s anything that says that.”
Trump Says Undocumented Immigrants Shouldn’t Get Trials Before Deportation
The president claimed that countries were sending their prisoners to the United States and that he needed to bypass the constitutional demands of due process to expel them quickly.
I'm not sure who the "we" is in that comment but the 5th A guarantees several fundamental rights in criminal cases. It protects against double jeopardy, self-incrimination, and ensures due process before the government can take away life, liberty, or property.
Is it surprising to see trump admit he is unfamiliar with the founding principles of justice in America? Absolutely not. But even though they are stooges, one would hope people like the AG and Solicitor General have a working knowledge of the laws governing the country. Assuming they are, why haven't they disabused Don of his ignorance? Why are they allowing the POTUS to entertain notions of ruling without regard for the law? Why does he think he should get to choose who gets a trial and who doesn't? How could you folks have elected such a man?
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