I am not sure what the exact procedural steps are but basically the answer is yes.Ok, do you mean Trump can simply say you are a member of MS-13 and not have to show any evidence of this before a neutral party, nor give you a chance to rebut or explain things? As I have posted before, that’s lynch-mob logic.
I was not talking about anyone in particular, I was simply responding to your post.Was he here legally or illegally?
I do not see anyone disagreeing on that point. Are you stating he was a legal resident?
I am not sure what the exact procedural steps are but basically the answer is yes.
The executive branch, aka Trump, is charged with the responsibility of accessing foreign relations and threats. He is the one who declares a group to be terrosits. He has formally declared at least 2 gangs as such. MS13 and TDA are both on the list and he can both deport them and imprison them. They are in a separate category when it comes to the rules of justice.
They are being transferred there. The district of detention is inside the USHe's being detained in El Salvador, since the SCOTUS said habeus requests had to be filed at the location of detention.
Which US court in El Salvador would he file it with?
WW
There are no steps that allow the President to declare a person a terrorist.I am not sure what the exact procedural steps are but basically the answer is yes.
Yes. Exactly. If you are going to deport a large number of people -- as Trump promised -- then yes, you need to hire more judges. Why is that a problem?LOL, "hire more judges".
Uh, hello? The Constitution and the law are very clear that you can't deport someone without due process.everyone that crosses over, or crawls out of the river, can get the due process we all owe them for violating our borders.
What the f*** are you talking about?Shhh.... don't let the British, Japanese, Germans, etc... or anyone else know that we owe them all extended court filings and hearings because we kicked them out over the years without giving them "due process".
Yeah, it's all about Biden.President Trump is correct.
Blame the Biden Junta which created the gargantuan mess when it opened the borders in unprecedented fashion.
They want to force the US to keep those illegals by making their deportation impossible.
Not gonna happen/
They are being transferred there. The district of detention is inside the US
Are you claiming that president Trump's judicial staff does not count as a "justice?"Post 301 , which you are ignoring, outlines the due process requirements.
President Trump is correct.
Blame the Biden Junta which created the gargantuan mess when it opened the borders in unprecedented fashion.
They want to force the US to keep those illegals by making their deportation impossible.
Not gonna happen/
Are you claiming that president Trump's judicial staff does not count as a "justice?"
Are you claiming that president Trump's judicial staff does not count as a "justice?"
Sorry, but do you have anything other than what the lying media has claimed?
They are being transferred there. The district of detention is inside the US
The next section indicates the president can call it:
When an alien enemy is required by the President, or by order of any court, judge, or justice, to depart and to be removed, it shall be the duty of the marshal of the district in which he shall be apprehended to provide therefor and to execute such order in person, or by his deputy or other discreet person to be employed by him, by causing a removal of such alien out of the territory of the United States; and for such removal the marshal shall have the warrant of the President, or of the court, judge, or justice ordering the same, as the case may be.
My understanding of being seen by an immigration judge by reading 50 U.S. Code § 23 is that the judge determines the threat. Where the criminal alien is held next. Not necessary to determination deportation. It also states "after a full examination and hearing on such complaint," OK, some judicial person hears the complaint. It does not say the criminal alien gets to be heard.What exactly are you arguing here? You’re all over the place on this topic.
Since we’re discussing immigration and deportation, there are stated methods, like the immigration court, where a person can be heard. That’s one of the important ingredients to due process. “This right to be heard ensures a fair process and protects individuals from arbitrary government actions.“ Did any of these people get a chance to be heard before being transported out of the country? No.
Well, the 14th starts with: "All persons born or naturalized in the United States." Illegal immigrants are neither born here or naturalized. The 5th amendment has been cited, but only this would apply: "nor be deprived of life, liberty, or property, without due process of law;" Due process can be simple.Illegal and legal as far as those accused by the government has no bearing on things. They’re all entitled to a hearing. The Constitution describes simply “people” in this country, not legal or illegal aliens.
What is there to hear? It is cut and dry. Illegal residents can be deported. Period.The chance to have a meaningful hearing before someone can be deprived of life, liberty, or property is a bedrock of our legal system. No matter how correct you think you are, taking action against others requires those people the opportunity to be heard.
Yes, and even such cases often fail. But we are speaking of civil cases of one citizen or naturalized person under our jurisdiction.Every single time I had to take replevin action to recover a piece of collateral from an individual, I had to have a court hearing where the defendant was afforded the opportunity to be heard, no matter that I had all of the facts and figures in my favor.
All I need to know, is if are they a legal resident or not. That is all anyone should care about.On a local platform, you get the opportunity to speak on your behalf in zoning issues that may affect you, property tax levees, licensing issues, etc. Those aren’t court hearings, but in front of recognized authorities. Taking someone off the street to be deported is a much more serious process and there’s a reason hearings in front of immigration judges are required.
Deportation is a matter handled by the immigration court, an administrative court. Partisan Democrats falsely claim multiple immigration court hearings and appeals assisted by counsel somehow denies due process. Somehow the same immigration court proceedings deemed observant of due process are no longer sufficient.This is absolutely not true. See the citation from the 14th Amendment above. While some of this concerns only citizens, the part about not depriving "persons" of their basic rights, including due process, is not limited to citizens. That's why there are different statements on citizens and persons.
The immigration judge determined García's claim he'd be in danger from a rival gang if returned to El Salvador was credible. No corroboration was presented. The same judge determined he was an MS-13 member based on evidence from a variety of sources. Of course Orange Man Bad zealots want to pick and choose which decisions constitute due process or their version of it.No, they didn't want him returned "home." An immigration judge made it plain that the US government could simply deport this man anywhere in the world EXCEPT El Salvador. The reason why is that it was claimed that he sought refuge in the US from El Salvador because his life was being threatened by a terrorist gang there which also had members here. The US claimed he was a member of that gang, based on very limited and shaky evidence. Accordingly, the US either had to prove he was such a member or deport him anywhere but El Salvador.
The US government deported Garcia as an illegal alien gang member. The administrative error was the destination, not the deportation. The Salvadoran government imprisoned a gang member on their soil as they have thousands of others. The same sovereign government has released thousands of non-gang deportees returned to their control.The government stupidly rendered him to an El Salvadorean prison along with other people it claimed were members of that gang. In fact, until that Maryland senator went to El Salvador and was able to meet the man, it wasn't even clear that he was alive, hadn't been murdered by the gang members he was stupidly put with, and in a different prison there. So our government could have been responsible for the death of a man not guilty of something he was charged with simply because it made a stupid error and couldn't be bothered to respect his right as a person, not a citizen, to due process.
Democrats fill the media with lies and distortions about a Salvadoran gang member then insist all must agree. That says it all.Some members of the right wing apparently have more concern for a mindless embryo that isn't a person than for the Constitutional right to due process for persons. That says it all.
The next section indicates the president can call it:
When an alien enemy is required by the President, or by order of any court, judge, or justice, to depart and to be removed, it shall be the duty of the marshal of the district in which he shall be apprehended to provide therefor and to execute such order in person, or by his deputy or other discreet person to be employed by him, by causing a removal of such alien out of the territory of the United States; and for such removal the marshal shall have the warrant of the President, or of the court, judge, or justice ordering the same, as the case may be.
Words do have meaning, and Trump's obligation to get Garcia back from El Salvador is found in the words he uttered when he gave his oath to the U.S. Constitution.
It is the Constitution which obligates Trump to use all measures to bring him back. If he does not, he is not doing his job.
Fourth Circuit recently ruled:
The Supreme Court’s decision does not, however, allow the government to do essentially nothing. It requires the government “to ‘facilitate’ Abrego Garcia’s release from custody in El Salvador and to ensure that his case is handled as it would have been had he not been improperly sent to El Salvador.” “Facilitate” is an active verb. It requires that steps be taken as the Supreme Court has made perfectly clear. (“[T]he Government should be prepared to share what it can concerning the steps it has taken and the prospect of further steps.”). The plain and active meaning of the word cannot be diluted by its constriction, as the government would have it, to a narrow term of art. We are not bound in this context by a definition crafted by an administrative agency and contained in a mere policy directive.
Thus, the government’s argument that all it must do is “remove any domestic barriers to [Abrego Garcia’s] return,” is not well taken in light of the Supreme Court’s command that the government facilitate Abrego Garcia’s release from custody in El Salvador. “Facilitation” does not permit the admittedly erroneous deportation of an individual to the one country’s prisons that the withholding order forbids and, further, to do so in disregard of a court order that the government not so subtly spurns. “Facilitation” does not sanction the abrogation of habeas corpus through the transfer of custody to foreign detention centers in the manner attempted here. Allowing all this would “facilitate” foreign detention more than it would domestic return. It would reduce the rule of law to lawlessness and tarnish the very values for which Americans of diverse views and persuasions have always stood.
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And the differences do not end there. The Executive is inherently focused upon ends; the Judiciary much more so upon means. Ends are bestowed on the Executive by electoral outcomes. Means are entrusted to all of government, but most especially to the Judiciary by the Constitution itself.
The Executive possesses enormous powers to prosecute and to deport, but with powers come restraints. If today the Executive claims the right to deport without due process and in disregard of court orders, what assurance will there be tomorrow that it will not deport American citizens and then disclaim responsibility to bring them home? And what assurance shall there be that the Executive will not train its broad discretionary powers upon its political enemies? The threat, even if not the actuality, would always be present, and the Executive’s obligation to “take Care that the Laws be faithfully executed” would lose its meaning.
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The Supreme Court and the Fourth Circuit are telling Trump to do his ****ing job.
It appears we read it differently.Still ignoring 301...
Trump has repeatedly referred to border crossers as an "invasion" which in his pea brain gives him the ability to utilize the AEA. But as your quote points out the invasion needs to be by a foreign nation or government.>§21. Restraint, regulation, and removal
Whenever there is a declared war between the United States and any foreign nation or government, or any invasion or predatory incursion is perpetrated, attempted, or threatened against the territory of the United States by any foreign nation or government,
Only enough due process is needed to determine legal or illegal. If illegal, deport at will.I was not talking about anyone in particular, I was simply responding to your post.
But, it doesn't matter whether someone is here legally or illegally - they still must get due process, to protect all.
Why does due process have to be signed by a judge?
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