▲ | lurk2 2 days ago | ||||||||||||||||
> 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. | |||||||||||||||||
▲ | dragonwriter 2 days 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. | |||||||||||||||||
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▲ | 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... | |||||||||||||||||
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