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re: 'Due process' was stripped from illegals by President Clinton & Congress in the 1990s

Posted on 5/6/25 at 11:01 am to
Posted by FightinTigersDammit
Louisiana North
Member since Mar 2006
46425 posts
Posted on 5/6/25 at 11:01 am to
Excellent article.
Posted by TBoy
Kalamazoo
Member since Dec 2007
27657 posts
Posted on 5/6/25 at 11:04 am to
quote:

'Due process' was stripped from illegals by President Clinton & Congress in the 1990s

Once again the Administration says something stupid and relies on the ignorance of their followers on fundamental principles.

"Due process" was not stripped from illegals by Clinton and Congress. The statement depends upon a fundamental lack of understanding of what "due process" is. Due process" is a sliding scale of procedure that is designed to protect the rights of the people from arbitrary deprivation. There is no one procedure that fits all circumstances. If you are given a citation for too many redfish, the due process you get is significantly different than if you are charged with murder and facing a possible death penalty. The issue of what process is due in each situation is an issue for congress and the courts to balance out.

Stephen Miller suggesting that the federal government has the unilateral and unlimited power to deprive the people of life, liberty or property without due process is flat wrong and it is dangerous. The Constitution clearly provides that the federal government does not have that power.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
468043 posts
Posted on 5/6/25 at 11:05 am to
quote:

And our government cannot deprive anyone of life, liberty, or property without due process of law. (and to be sure, telling someone to "go home" is depriving them of liberty).


quote:

bullshite. Someone breaks in your house, telling them to GTFO and you are violating their rights? That's lawyer/judge bullshite.


The you in your scenario is not "the government" in the post to which you responded
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
468043 posts
Posted on 5/6/25 at 11:07 am to
quote:

If they don't have 2nd amendment rights they don't have 5th amendment rights, no?

The Amendments use different words.

The 5th says "person", denoting anyone

The 2nd says "the people", denoting citizens

Posted by troyt37
Member since Mar 2008
14681 posts
Posted on 5/6/25 at 11:08 am to
quote:

The you in your scenario is not "the government" in the post to which you responded


So if someone breaks in my house and “the government” tells them to GTFO, the government is violating their rights?
Posted by BTROleMisser
Murica'
Member since Nov 2017
10107 posts
Posted on 5/6/25 at 11:09 am to
Fundamental U.S. Constitutional rights do not apply to illegal aliens, you fricking nerd.
Posted by dgnx6
Member since Feb 2006
86475 posts
Posted on 5/6/25 at 11:09 am to
Expedited removal.


After 9/11 bush used this. No judge, no due process. Obama Expanded on this.


It wasnt until his second term he started doing the daca bs.


He ran on closed borders and no gay marriage to get elected the first time.



quote:

Obama Administration’s Crackdown on Immigrants Ignores Due Process and Creates Communities Filled with Fear
Kenneth Quinnell January 6, 2016





quote:

The AFL-CIO has consistently urged the Obama administration to designate those fleeing violence in Central America as “refugees,” and to honor its legal commitments to ensure that individuals who are eligible for protective status will not be returned to danger. Instead, the shameful response of our government has been to erode due process protections by expediting legal proceedings and to lock families in remote detention facilities with little access to counsel. Now, in an inexcusable escalation and without any transparency, the Department of Homeland Security has begun conducting armed home raids in order to deport vulnerable women and children back to some of the most dangerous countries in the world.
This post was edited on 5/6/25 at 11:14 am
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
468043 posts
Posted on 5/6/25 at 11:10 am to
quote:

That case and ruling deal specifically with the detainment of unaccompanied minors suspected of being illegal and who they may be released to.

The quoted language is long-standing law with general applicability.

quote:

No due process cases? Why is that?

The Supreme Court ruling that illegal aliens have due process rights under the 5A goes back at least to the 80s, and there was a 5th Circuit case just a few years ago getting back into the muck. The question of just how much due process is given to illegals keeps coming back up because the government keeps being accused of violating due process and court cases follow.
Posted by BTROleMisser
Murica'
Member since Nov 2017
10107 posts
Posted on 5/6/25 at 11:10 am to
Actual legal U.S. citizens are stripped of certain Constitutional rights in certain situations... You think they can't do it to illegals?
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
468043 posts
Posted on 5/6/25 at 11:11 am to
quote:

So if someone breaks in my house and “the government” tells them to GTFO, the government is violating their rights?

No. If there is probable cause that person would be arrested.
Posted by LSUconvert
Hattiesburg, MS
Member since Aug 2007
6622 posts
Posted on 5/6/25 at 11:12 am to
quote:

Non U.S. citizens AKA undocumented, AKA illegals, aren't afforded a fundamental Constitutional right.



Wrong.
Posted by TBoy
Kalamazoo
Member since Dec 2007
27657 posts
Posted on 5/6/25 at 11:12 am to
quote:

So if someone breaks in my house and “the government” tells them to GTFO, the government is violating their rights?

No. In that situation the government is not depriving anyone of a right to life, liberty or property.

Now if we take you and your home, if the government tells you to get out of your home, they would be depriving you of your property. They would have no such power absent an appropriate process.

If the government forces you to live in a different home, thereby depriving you of your liberty to live where you choose, the government would have no such power absent an appropriate process.

The Constitution stands as a series of limitations on government power.
Posted by troyt37
Member since Mar 2008
14681 posts
Posted on 5/6/25 at 11:12 am to
quote:

The 5th says "person", denoting anyone


How do you deprive someone of life, liberty, or property if they are breaking the law to be here in the first place?

That logic means I can walk in a bank, rob it, but I can’t be deprived the property I gained by robbing the bank!
Posted by BCreed1
Alabama
Member since Jan 2024
6514 posts
Posted on 5/6/25 at 11:13 am to
quote:

The question of just how much due process is given to illegals keeps coming back up because the government keeps being accused of violating due process and court cases follow.


In 2020, the Supreme Court upheld this law, finding that it did not violate the right to habeas corpus or due process. Try again.
Posted by texag7
College Station
Member since Apr 2014
40770 posts
Posted on 5/6/25 at 11:13 am to
quote:

SlowFlowPro


This guy will break his back to resist any Trump does.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
468043 posts
Posted on 5/6/25 at 11:14 am to
quote:

That logic means I can walk in a bank, rob it, but I can’t be deprived the property I gained by robbing the bank!

Holy shite
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
468043 posts
Posted on 5/6/25 at 11:14 am to
quote:

In 2020, the Supreme Court upheld this law, finding that it did not violate the right to habeas corpus or due process. Try again.

The language you quoted wasn't discussing a specific law
Posted by dgnx6
Member since Feb 2006
86475 posts
Posted on 5/6/25 at 11:15 am to
quote:

LSUconvert



No one gave a flying frick when Bush or Obama did it.


No reason for you guys to cry over gang members being sent home.


They even deported people who had American children.


Oh no!!!




quote:

Yesterday the Migration Policy Institute ("MPI") released the report, The Deportation Dilemma: Reconciling Tough and Humane Enforcement, on the Obama administration's immigration enforcement record. One of MPI's principal findings is that the deportation system has dramatically changed over the past 19 years – moving from a judicial system prior to 1996, where the vast majority of people facing deportation had immigration court hearings, to a system today of nonjudicial removals, where 75 percent of people removed do not see a judge before being expelled from the U.S.





quote:

The numbers are staggering: in 1995, 1,400 immigrants were subject to nonjudicial removals, representing 3 percent of total deportations. By FY 2012 that number had sharply increased to 313,000 nonjudicial removals – an all-time high.



Selective outrage is right.
This post was edited on 5/6/25 at 11:19 am
Posted by BTROleMisser
Murica'
Member since Nov 2017
10107 posts
Posted on 5/6/25 at 11:16 am to
quote:

quote:
Why the sudden cries of due process? Everyone knows why.


As someone who has a career in this field, and vehemently disagree politically with 97% of the others in this field this is my biggest rub.

The termination of CHNV? Started under Biden, no news until Trump terminated.

Random pick ups of people? Biden re-started in early 2024, no federal judge blocked it.

Circumventing Lawful Pathway bar to asylum? No news articles, and it is way more restrictive than the Third Country Transit bar Trump had blocked in term 1.

Selective outrage from "advocates" suddenly stop when the right person is in the White House.



Yup.
Posted by BTROleMisser
Murica'
Member since Nov 2017
10107 posts
Posted on 5/6/25 at 11:18 am to
JFC... You are such a liberal fricking retard. You get schooled with facts exposing your side's hypocrisy on all this and like most dumbfrick leftists... what do you do? Double down on your lies because your TDS makes you so badly want to believe you're right. But you're not. You're a fricking idiot.
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