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re: Based on SCOTUS opinion DOJ asks Boasberg to cancel 4/8 hearing - *UPDATE: Hearing Vacated
Posted on 4/8/25 at 3:36 pm to SDVTiger
Posted on 4/8/25 at 3:36 pm to SDVTiger
quote:
You said they had rights and due process
fun fact they still do, the SCOTUS ruled that.
The contempt of court is a separate issue and potentially still valid
Posted on 4/8/25 at 3:37 pm to lake chuck fan
quote:
I say this again, if someone is here legally it would be very simple to prove it. If someone is here illegally, they can't prove it.
Why would this require a "legal proceeding "??
Why waste any more time or money on illegals?
If I was detained, I could produce my drivers license, my TWIC card, my birth certificate, etc.
so fun fact...you're talking about due process of law! glad you agree all persons are to be provided due process. Now the man who was shipped back to el salvador was not given that.
Posted on 4/8/25 at 3:38 pm to cajunangelle
The judge doesn’t actually care. He did why he set out to do. Mess with DJT and Impress all the right liberals so that his family can continue getting paid.
Posted on 4/8/25 at 3:39 pm to lake chuck fan
quote:
If I was detained, I could produce my drivers license, my TWIC card, my birth certificate, etc.
you carry your birth certificate with you?
also are you suggesting that a government official should be able to stop you and ask for your papers at any time? I hate to say it but that sounds very SS of you. Next you might suggest that immigrants wear little stars on their clothes, so that police know who to ask for papers! /s
This post was edited on 4/8/25 at 3:40 pm
Posted on 4/8/25 at 3:45 pm to LawTalkingGuy
quote:
Great. Who would you show those documents to? If LEO was already lying about your citizenship status, they would just shred those up and ignore them.
You need a third party with oversight to look at your documents, agree they are valid, and order your release. Someone like....I don't know, maybe a Judge, who holds a hearing for you. You know, a legal proceeding.
I'm not saying we give these scumbags months to hold an entire jury trial over their case. Just simple due process rights to ensure the law is being followed.
It really is a precious human right, that we should be proud our nation recognizes.
youre 100% right, I suppose the downvotes are from the "back the blue" folks who think that LEO or ICE are always the good guy and doing whats right.
They say they dont trust the government, but they trust those parts of the government...
Posted on 4/8/25 at 4:29 pm to SammyTiger
quote:
What is interesting is whether the Admin will obey the SCOTUS’s order t
I researched an illegal on us soil and they are only entitled to a deportation hearing with an immigration judge for due process - not quite the habeas corpus option of SCOTUS so I'm curious about that
Posted on 4/8/25 at 4:41 pm to dafif
what’s interesting is, by punting this and ordering the Admin to give them a change to challenge their removals to a certain extent, has the SCOTUS made this a moot point
the whole point of the AEA was to cut through red tape of judicial review of these removals.
The president was always able to remove illegal criminals. that’s not an AEA thing.
the whole point of the AEA was to cut through red tape of judicial review of these removals.
The president was always able to remove illegal criminals. that’s not an AEA thing.
Posted on 4/8/25 at 5:19 pm to SammyTiger
frick the Democrats
They let 10s of millions of illegals enter the country illegally.
Now they want a court date for every one to get sent back?
frick that, send them back the same way they came in, illegally as far as I'm concerned.
You can't have it both ways.
They let 10s of millions of illegals enter the country illegally.
Now they want a court date for every one to get sent back?
frick that, send them back the same way they came in, illegally as far as I'm concerned.
You can't have it both ways.
This post was edited on 4/8/25 at 5:20 pm
Posted on 4/9/25 at 10:58 am to LawTalkingGuy
quote:
…,but if illegal aliens have no due process rights, then no one has due process rights.
All law enforcement would have to do is claim a citizen was an illegal alien, and that citizen would have no right to due process to prove he was a citizen.
Your first point is understandable but a bit hyperbolic and emotional. Right now, they do.
Your second point, though possible, seems fairly unlikely until we deteriorate into a full blown police state with the NKVD knocking on our doors in the night hours and the FEMA camps are up and running full steam ahead.
I’ll worry more about that perhaps after the midterms and during the run up to 2028.
Saying that however, I share your concerns to a lesser extent.
An alleged “illegal” alien living and possibly working here legally needs an opportunity to prove legal status by their bona fides, providing suitable legal documentation verifying their legal status. As one poster mentioned earlier, he could show drivers license, bills with name and address, etc.
My thoughts were that illegals rights should be more narrowly circumscribed than legal immigrants and the constitutional milieu we find ourselves in offers a timely opportunity to fine tune the issue.
As far as police misconduct goes I’m as wary as the next guy, but my fears in that regard are directed towards power exercised by federal law enforcement more so than local. I can honestly say my experience with local LE has been positive with them fairly well embodying Protect and Serve.
Posted on 4/9/25 at 11:14 am to GamecockUltimate
quote:
so fun fact...you're talking about due process of law! glad you agree all persons are to be provided due process. Now the man who was shipped back to el salvador was not given that.
The person you are talking about did have due process to prove he was not here illegally, and that he was not a danger to the community (gang member). He failed on both points.
Posted on 4/9/25 at 11:17 am to cajunangelle
"Wherever they might be held"
We gonna have a habeas hearing in El Salvador?
We gonna have a habeas hearing in El Salvador?
Posted on 4/9/25 at 11:21 am to SammyTiger
quote:
what’s interesting is, by punting this and ordering the Admin to give them a change to challenge their removals to a certain extent, has the SCOTUS made this a moot point
the whole point of the AEA was to cut through red tape of judicial review of these removals.
The president was always able to remove illegal criminals. that’s not an AEA thing.
I don;t think so but we will see.
The Government has always known that the persons subject to the AEA had a right to habeas review. But that review is most likely going to be very simple - just to see if the detained are here illegally and are members of the gang in question. I don't think these are going to be full blown hearings - even like you are likely to get in an immigration court.
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