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▲ TylerE a day ago

That the administration thinks they just just drag people into vans and ship them off to a foreign prison?

▲lurk2 a day ago | parent [-]

> That the administration thinks they just just drag people into vans and ship them off to a foreign prison?

Can you point to a specific instance where this has occurred, and what laws you believe were broken? I'm not qualified to say if the El Salvador detention facilities are legal or not, but my understanding is that ICE has always had the authority to arrest illegal immigrants, and that a potential penalty for illegal entry is imprisonment.

See: 8 U.S. Code § 1325 - Improper entry by alien

> (a) Improper time or place; avoidance of examination or inspection; misrepresentation and concealment of facts

> Any alien who (1) enters or attempts to enter the United States at any time or place other than as designated by immigration officers, or (2) eludes examination or inspection by immigration officers, or (3) attempts to enter or obtains entry to the United States by a willfully false or misleading representation or the willful concealment of a material fact, shall, for the first commission of any such offense, be fined under title 18 or imprisoned not more than 6 months, or both, and, for a subsequent commission of any such offense, be fined under title 18, or imprisoned not more than 2 years, or both.

https://www.law.cornell.edu/uscode/text/8/1325

▲dragonwriter a day ago | parent | next [-]

> Can you point to a specific instance where this has occurred,

All of the removals to El Salvador (before those were halted by judicial order) premised on the improper invocation (because there has been no invasion of the US by a foreign state) of the Alien Enemies Act, who had neither deportation hearings nor criminal trials.

> and what laws you believe were broken?

The 1st (because the actual basis was often protected speech unrelated to the asserted premise of removal), 5th (because of denial of due process), 8th (because of conditions in the prison where they are sent), and 13th (because the prison involves involuntary servitude, and they were condemned to it without a criminal conviction) Amendments, as well as the Alien Enemies Act, whose requirements were not faithfully applied.

> my understanding is that ICE has always had the authority to arrest illegal immigrants, and that a potential penalty for illegal entry is imprisonment.

ICE has always had authority to detail alleged illegal immigrants. Deportation for illegal presence has an administrative process which was not followed in these cases, imprisonment for illegal entry (which is not implied by illegal presence) requires a criminal conviction.

▲lurk2 a day ago | parent [-]

> The 1st (because the actual basis was often protected speech unrelated to the asserted premise of removal)

This sounds like you are talking about the students who were detained and deported. Were any of them sent to El Salvador? My understanding is that they had their student visas revoked on the basis of 8 USC 1182(a)(3)(C)(i):

> An alien whose presence or activities in the United States the Secretary of State has reasonable ground to believe would have potentially serious adverse foreign policy consequences for the United States is deportable.

I don't know the specifics of the cases pertaining to the students, but from a plain reading this doesn't seem altogether unreasonable. I think it's obvious that this is being done at the behest of Israel, but it doesn't seem explicitly illegal.

> 5th (because of denial of due process) [...] 8th (because of conditions in the prison where they are sent) [...] and 13th (because the prison involves involuntary servitude, and they were condemned to it without a criminal conviction)

I couldn't find clarification as to what section of the prison the deportees are being held in. I understand that the prison is set up such that lower-level offenders are required to work or study almost every waking hour of the day, whereas gang members are segregated and not permitted to leave their cells at all. The key issue here seems to be due process, which is in turn dependent on a court ruling on the application of the Alien Sedition acts being improper.

▲clydethefrog a day ago | parent | prev [-]

Just be aware that if you accept that non-citizens have no right to due process, you are accepting that citizens have no right to due process. All the government has to do is claim that you are not a citizen; without due process you have no chance to prove the contrary. [1]

[1] https://bsky.app/profile/timothysnyder.bsky.social/post/3ll5...

▲lurk2 19 hours ago | parent [-]

> All the government has to do is claim that you are not a citizen; without due process you have no chance to prove the contrary.

Did any of the people who were deported claim to have been citizens?

▲TylerE 13 hours ago | parent [-]

How would we know if they did? Many were given no access to legal representation.