Trump says US cannot give every person it wants to deport a trial

[RaleBulgarian]

FALSE.
The federal government can suspend the privilege of the writ of habeas corpus only in extraordinary circumstances, such as rebellion or invasion, or when public safety requires it.

You really don’t get it.

The “federal government” in this instance is Congress.

Neither the President (unilaterally), or any department head (under any circumstances) within our federal government has the authority to deny any person their habeas corpus rights.

The central point of SCOTUS’ recent barring the of deporting of illegal migrants without “due process”.

 

[NolanVoyd]

I'm not lying. The gov determined them to be here illegally and the courts agreed they are eligible to be deported. They were deported. End of story.

Lol.

The government determined it without due process.

"The administration is “asserting a right to stash away residents of this country in foreign prisons without the semblance of due process that is the foundation of our constitutional order,” wrote Judge J. Harvie Wilkinson in an opinion for a panel of the 4th Circuit Court of Appeals.

“Further, it claims in essence that because it has rid itself of custody that there is nothing that can be done,” he wrote. “This should be shocking not only to judges, but to the intuitive sense of liberty that Americans far removed from courthouses still hold dear.”

Just stop.

You are defending unconstitutional acts.

I hope you don't call yourself a patriot.

 

[Lutherf]

Where in the Constitution or related laws do you find the word "guest".

While the word "guest" isn't in the Constitution we do have Article1, Section 8 that authorizes Congress to "establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States". There would be no need for congress to be delegated that power if the intent of the framers was to have entirely open borders and that every person who sets foot on US soil was to be treated as a citizen.

 

[WorldWatcher]

DOJ Releases Dossier Of Deported Maryland Man’s Alleged MS-13 Gang Ties

The Department of Justice (DOJ) released documents Wednesday demonstrating Kilmar Armando Abrego Garcia’s membership in the MS-13 gang. Abrego Garcia’s

ijr.com

First of all thank you very much, your effort to support you statement is appreciated.
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The document (it's better to read the source document instead of relying on an article) is what I suspected. It WAS NOT a determination base on Judge Jones October 2019 decision.

It was an appeal going back to the bond hearing.

WW
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It starts on PDF page 9.

https://www.justice.gov/ag/media/1396906/dl?inline

 

[Allan]

8 U.S. Code § 1227 empowers the Attorney General to remove aliens without due process when certain conditions are met

Irrelevant.

The AEA is being used for these deportations.

 

[SkyChief]

TRUE

False.

So we can pass a statute banning firearms?

Sure you can, but first you need to repeal (or amend) the Second Amendment.

You really don’t get it.

The “federal government” in this instance is Congress.

Neither the president, or any department head within our federal government has the authority to deny any person their habeas corpus rights.

FALSE. The Attorney General can, in some cases forgo habeas corpus rights.

The central point of SCOTUS’ recent barring the of deporting of illegal migrants without “due process”.

Yes, and it was a bad ruling, according to legal experts. (8 U.S. Code § 1227 empowers the AG to forgo immigration "due process" protocols)

 

[Lutherf]

TRUE


So we can pass a statute banning firearms?

Absolutely! All you need to do is amend the Constitution in such a way that the 2nd Amendment is abolished or nullified.

 

[ClaraD]

They are not putting every deportee into jail. They have only jailed the ones whom they have classified as terrorists.

Secondly, people who are here illegally don't need full trials to determine if they are citizens or not. If they are not they can be deported.

They need a trial to do that

 

[CaughtInThe]

 

[WorldWatcher]

A lawyer can file it on his behalf.

He'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

 

[Allan]

While the word "guest" isn't in the Constitution we do have Article1, Section 8 that authorizes Congress to "establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States". There would be no need for congress to be delegated that power if the intent of the framers was to have entirely open borders and that every person who sets foot on US soil was to be treated as a citizen.

@trouble13 wrote "guest". I'll wait for him to explain where that designation appears in law.

 

[W_Heisenberg]

How do you see due process working for someone that is here without a visa and without having come through a designated port of entry or someone that did come here lawfully but overstayed whatever temporary authorization they had at that point?

1. If they are caught entering improperly, they can be deported immediately within a few hours, by border patrol. This is called expedited removal.

2. If they can prove they've been here for than two years they are entitled to notice, counsel, and opportunity to be heard (trial/proceeding in front of an immigration judge).

3. If someone overstays their authorization they are still entitled to notice, counsel, and opportunity to be heard.

The Supreme Court already ruled on this. It's over. There is no more discussion to be had. This is what the Constitution mandates. Trump doesn't get to change the law. That's not his job. His job is to execute the law. He is obligated to comply with the Supreme Court's order, and if he doesn't he must be removed from office. And if you don't believe this then you don't believe in the U.S. Constitution. And if you want to change it you have to amend the Constitution.

There is no other option. Do you get it yet? This is what must happen. Trump does not have a choice. Do you get it? There are no shortcuts.

In the recent cases involving deportations to El Salvador the Trump administration is just rounding people up and putting them on a plane. They do not give them proper notice. They do not allow them legal counsel. They do not allow them to see a judge. Not even the most cursory examinations are being made. They are just rounding them up and putting them on a plane. And that is illegal.

 

[ClaraD]

Did all 400k people that Obama deported in 2012 have a trial before an administrative judge?

Do you have proof they didn’t?

 

[W_Heisenberg]

AND NOW THE US PRESIDENT IS SUGGESTING WE SEND US CITIZENS TO EL SALVADOR

WAKE UP!!!!!!!!!!!!!!!!!!!!!

 

[NolanVoyd]

.....if the intent of the framers was to have entirely open borders and that every person who sets foot on US soil was to be treated as a citizen.

No one is suggesting we have open borders or that every person who sets foot on US soil is treated as a US citizen.

Non citizens are subject to deportation but are entitled to due process before being removed.

Yes non citizens get due process. The constitution requires it.

You all really struggle with that concept.

 

[ClaraD]

No, it is not. There are no constitutional protections for aliens who are not under the jurisdiction of the U.S. People keep saying that, but it's just not true.


The issue is deportation. People want the man returned "home" to the U.S..

The problem is his "home" is not the U.S. - his home is El Salvador - where he is being incarcerated.

If they were present and detained in the US, they are under our jurisdiction

 

[NolanVoyd]

False.

Sure you can, but first you need to repeal (or amend) the Second Amendment.

Lol.

Now are you getting it?

to pass a statute taking away due process you would need to ammend the 5th and 14th.

Case closed.

 

[trouble13]

Lol.

The government determined it without due process.

"The administration is “asserting a right to stash away residents of this country in foreign prisons without the semblance of due process that is the foundation of our constitutional order,” wrote Judge J. Harvie Wilkinson in an opinion for a panel of the 4th Circuit Court of Appeals.

“Further, it claims in essence that because it has rid itself of custody that there is nothing that can be done,” he wrote. “This should be shocking not only to judges, but to the intuitive sense of liberty that Americans far removed from courthouses still hold dear.”

Just stop.

You are defending unconstitutional acts.

I hope you don't call yourself a patriot.

The executive branch has the authority to declare someone is a terrorist.

 

[Nickyjo]

They are not putting every deportee into jail. They have only jailed the ones whom they have classified as terrorists.

Not true. One can be detained pending deportation. And what is the process in place for “terrorist classification”?

Secondly, people who are here illegally don't need full trials to determine if they are citizens or not. If they are not they can be deported.

Ok, have them deported if the government can show they are here illegally. Describe your or Trump’s determinative process, an alternative to the one that exists now.

 

[Allan]

C'mon @trouble13 tell us about the legal concept of "guest".

We can all use a laugh.

 

[W_Heisenberg]

They got due process

That's not what the Supreme Court said.

 

[Allan]

The executive branch has the authority to declare someone is a terrorist.

Tell us abouts guests before you get on to your next bit of fiction.

 

[NolanVoyd]

R

Absolutely! All you need to do is amend the Constitution in such a way that the 2nd Amendment is abolished or nullified.

Right.

And you can pass a statute taking away due process.

All you need to do is ammend the constitution in such aaway that the 5th and 14th are abolished or nullified.

Now do you get it?

 

[NolanVoyd]

The executive branch has the authority to declare someone is a terrorist.

And the accused has a right to due process.

Thank God for that.

 

[W_Heisenberg]

While the word "guest" isn't in the Constitution we do have Article1, Section 8 that authorizes Congress to "establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States". There would be no need for congress to be delegated that power if the intent of the framers was to have entirely open borders and that every person who sets foot on US soil was to be treated as a citizen.

The Fifth and Fourteenth amendment ensure the government respects the due process rights of "all persons." And we also have the writing from the time of the people who wrote and debated these amendments that indicate they intended "all persons" to mean foreigners as well.

The Supreme Court has ruled on this matter over and over and over and over and over and over and over and over and over and over and as recently as April 7th.

The Supreme Court says these people must have their due process respected. In that regard, in their April 7th ruling, it was a 9-0 ****ing decision.

9 - * * * * I N G - 0

You lost argument 200+ years ago. It's over. You lost. There is nothing to argue. It is immigration law that must be made consistent with the Constitution, not the other way around. The Constitution is the law of the land. Not Trump. And Not Trump's braindead, racist supporters.



YOU LOSE!