Law Trump Says Undocumented Immigrants Shouldn’t Get Trials Before Deportation

[Sinister]

Why can’t we be just like Poland? You think they would allow all these people? They wouldn’t have even gotten close to the door, much less enter their country

Yeah why cant we just shoot any humans we dont know who dare approach us!?

 

[Sinister]

If they are here ileagly then no they don't need one. All that is needed is to establish they are here ileagly and back rhey go. If they commit a crime (other then being here ileagly) then yes a trial may be needed.

Odd that you would say they dont need a trial, all that should be needed is to establish that they're here undocumented. How would you "establish" that and who would be deciding it? Accusatory neighbors? Malicious Cops? I had a student born in Chicago who was visiting Family in Mexico, upon return he showed his birth certificate and CBP accused him of forging it. He was 14. How do you resolve that accusation if not in front of a judge?

I don't see any good coming from this mentality. Due process is largely what makes us a "free" Country, and I use that term generously considering how many people we have in prison and the statistical likelihood that a good chunk of them are innocent.

 

[Islam Imamate]

If they are here ileagly then no they don't need one. All that is needed is to establish they are here ileagly and back rhey go. If they commit a crime (other then being here ileagly) then yes a trial may be needed.

How do you establish that without due process? The Admin has already admitted to one mistake in it's deportations carried out without due process, what's to stop them from doing that again and again without due process?

 

[White Whale]

If Trump was just talking about deporting undocumented immigrants to their country of origin than I can see his point.

Unfortunately for Trump he started off by deporting a bunch of Venezuelans to rot in a jail in El Salvador. That's sort of like an American in Japan who overstayed their visa getting "deported" to north Korean labor camp.

Venezula wouldn't take them back because they were criminals.

 

[Mr Holmes]

Illegal Immigration Reform and Immigrant Responsibility Act of 1996 - Wikipedia

en.wikipedia.org

Because expedited removals do not require judicial or administrative review, aliens who are subject to expedited removals are not afforded the right to an attorney during their interviews with immigration officials

 

[jk7707]

How soon will you make this next thread expressing your outrage and alarmist opinions.

Straight out of project 2025

Trump's goons could be dragging you off to a gulag in El Salvador and you'd still find a way to make an excuse for him. You're fucking pathetic.

 

[ShadowRun]

Trump's goons could be dragging you off to a gulag in El Salvador and you'd still find a way to make an excuse for him. You're fucking pathetic.

If he did that it would be a constitutional crisis !

 

[jk7707]

Yay, another trump thread.

He's doing what needs to be done. Whether whiney little bitches can take it or not, he's doing what others have been too scared to do.

Thanks for being direct in admitting you don't give a shit about the Constitution. Now we all know you're opinions are completely worthless.

 

[Lycandroid]

Why do they need a trial/due process ? Shouldn't it take a few minutes to run somebodies name and see if they are in the system ?
Why would they need a trial to figure that out ?

 

[jk7707]

If he did that it would be a constitutional crisis !

The fact that you're still downplaying Trump;

-Calling the impeachment of federal judges
-Ignoring an order by the supreme court
-Calling for the end of due process for thousands of people
-Openly talking about sending American prisoners to a gulag in El Salvador

Just illustrates to everyone how much of a mindless cultist you are. So keep going.

 

[Andy Capp]

Illegal Immigration Reform and Immigrant Responsibility Act of 1996 - Wikipedia

en.wikipedia.org

That's a pretty carefully selected quote.

First of all, it's established above that,

Post-IIRAIRA removal proceedings are initiated with a notice to appear (NTA) that is sent to the alien. NTAs replaced Order to Show Cause and Notice of Time and Place documents.[25][13] NTAs specify, among other things, "the nature of the proceedings against the alien", "the legal authority under which the proceedings are conducted", "the acts or conduct alleged to be in violation of the law" and "the charges against the alien and the statutory provisions alleged to have been violated".[26] IIRAIRA established the authority of immigration judges in removal proceedings.[27] Immigration judges "shall administer oaths, receive evidence, and interrogate, examine, and cross-examine the alien and any witnesses. The immigration judge may issue subpoenas for the attendance of witnesses and presentation of evidence".[28]

aliens have the right to a "reasonable opportunity to examine the evidence against the alien, to present evidence on the alien's own behalf, and to cross-examine witnesses presented by the Government" but not the right "to an application by the alien for discretionary relief under this Act".[29] Further, under IIRAIRA, aliens "have the privilege of being represented, at no expense to the Government, by counsel of the alien's choosing".[22] Therefore, aliens can have legal representation in immigration court, but they not entitled to legal representation provided by the Government if they cannot afford an attorney.

IIRAIRA established a removal period of 90 days for aliens determined to be removable by an immigration judge.[30] The removal period can begin when "the date the order of removal becomes administratively final", "the date of the court's final order" or if the date at which the alien is released from detention (only in cases of non-immigration related detention).[31] aliens can file one motion to reconsider the decision of an immigration judge, which must be filed within 30 days of the final order being issued.[32] aliens can also file 1 motion for reopening their case, which must be filed within 90 days of the final order of removal.[33]

Then, the full section containing the teeny tiny little piece you quoted says,

Expedited removal
IIRAIRA established expedited removal, in which immigration officials gained the authority to summarily remove certain aliens.[39] This is different from the expedited removal proceedings for aliens convicted of aggravated felonies. aliens subject to expedited removal include aliens "who are inadmissible because they lack valid entry documents or have sought admission through fraud (may also include aliens inadmissible on same grounds if they are present in the United States without being admitted or paroled and have been in the country less than two years)".[40]

Expedited removals can be considered removals without hearings: these removals do not require judicial review by immigration judges within the Executive Office of Immigration Review unless the individual plans to apply for asylum or indicates fear of persecution.[41][42] Therefore, aliens subject to expedited removal do not have the right to administrative review or the right to administrative appeal and judicial review.[40] Because expedited removals do not require judicial or administrative review, aliens who are subject to expedited removals are not afforded the right to an attorney during their interviews with immigration officials.[40]

So, re: the bold can you demonstrate where anyone who has been disappeared without due process fits these criteria? It looks to me like this mainly applies to people being stopped and turned away at the border. Do you have any info to the contrary?

 

[Andy Capp]

Why do they need a trial/due process ? Shouldn't it take a few minutes to run somebodies name and see if they are in the system ?
Why would they need a trial to figure that out ?

Because it's not legal to detain someone and ask them a bunch of questions when you have no reasonable suspicion to do so. Being brown doesn't give police or ICE the right to assume you're in the country illegally, nor the right to force you to show identification. If you do detain someone, you next need to prove to a judge you had legal grounds to do that, hence the trial.

Using your logic, the police have the right to march into your house out of the blue and root through your computer files and belongings looking for an excuse to arrest you.

 

[sickc0d3r]

Why do they need a trial/due process ? Shouldn't it take a few minutes to run somebodies name and see if they are in the system ?
Why would they need a trial to figure that out ?

Yeah man, just trust the cops to never make a mistake or lie.

 

[Possum Jenkins]

Then how do we know if they are actually undocumented immigrants and not someone they’re just saying is undocumented?

Aren’t conservatives always saying “you can’t trust the government”? Well?

Real simple. You can't trust the government when they're funding infrastructure projects or schools or healthcare or when they're regulating the energy industry.

You can absolutely trust the government when they're punishing people I don't like: the illegals, ghetto black people, "thugs," the mainstream media, academics, etc.

Fascists gonna fash

 

[Limbo Pete]

Because it's not legal to detain someone and ask them a bunch of questions when you have no reasonable suspicion to do so. Being brown doesn't give police or ICE the right to assume you're in the country illegally, nor the right to force you to show identification. If you do detain someone, you next need to prove to a judge you had legal grounds to do that, hence the trial.

Using your logic, the police have the right to march into your house out of the blue and root through your computer files and belongings looking for an excuse to arrest you.

Psssshhhh, who needs probable cause
Bunch of liberal nonsense

 

[Lycandroid]

Because it's not legal to detain someone and ask them a bunch of questions when you have no reasonable suspicion to do so. Being brown doesn't give police or ICE the right to assume you're in the country illegally, nor the right to force you to show identification. If you do detain someone, you next need to prove to a judge you had legal grounds to do that, hence the trial.

Using your logic, the police have the right to march into your house out of the blue and root through your computer files and belongings looking for an excuse to arrest you.

Are the arresting random brown people for being brown ? I highly doubt that is the case.

What exactly is the law regarding being required to show ID ? I was under the assumption that there needed to be a reasonable suspicion of a crime ? If someone is suspected to be an illegal immigrant that should be enough ? There are plenty of indicators of someone being an illegal migrant that have nothing to do with skin color. Regardless, what I'm saying is why should this process take anymore than a few minutes. Why is a lengthy trial needed to determine citizen ship ?

Yeah man, just trust the cops to never make a mistake or lie.

Sure that can happen, but why wouldn't it be a super simple process to determine if you are a citizen ? I know in Canada it can be done in minutes. I don't know how it works in the US.

 

[Khaosan]

You're an admitted troll. Fuck off.

It’s pretty obvious he’s a troll, albeit an incredibly weak one.

 

[ShadowRun]

The fact that you're still downplaying Trump;

-Calling the impeachment of federal judges
-Ignoring an order by the supreme court
-Calling for the end of due process for thousands of people
-Openly talking about sending American prisoners to a gulag in El Salvador

Just illustrates to everyone how much of a mindless cultist you are. So keep going.

Thanks for being direct in admitting you don't give a shit about the Constitution. Now we all know you're opinions are completely worthless.

I knew you were fragile minded , but I didn’t think it was on this level . What can we do about this crisis bro ? How can we stop project 2025

I know you’re awareness is a little dull .. but
QUOTE="ShadowRun, post: 175053591, member: 237219"]
Yea I think Trump should bring him back, go throught he legal steps then deport him. It will be a dog and pony show per say but it's more of the right thing
[/QUOTE]

 

[Mr Holmes]

It looks to me like this mainly applies to people being stopped and turned away at the border. Do you have any info to the contrary?

https://www.americanimmigrationcouncil.org/research/expedited-removal

1. Any noncitizen who entered without inspection (by land or sea), was never admitted or paroled, is encountered anywhere in the United States, and cannot prove that they have been physically present in the United States for the two years preceding the immigration officer’s determination that they are inadmissible for fraud or misrepresentation or lack of proper entry documents.

 

[Mr Holmes]

It’s pretty obvious he’s a troll, albeit an incredibly weak one.

Like you're one to talk.