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refurb 5 days ago

Ok, I'll revise it to "no due process is regularly being denied".

DannyBee 5 days ago | parent [-]

Lawyer here - This is, as far as i know, mostly wrong at this point.

If you are an actual citizen, the law basically says they can briefly detain you to verify. Brief here is meant to be like "15 minutes". However, it is now taking weeks or months in some cases.

These are clear due process violations, and they are happening regularly now.

They also cannot simply ignore authoritative evidence of citizenship because a computer says otherwise, without violating due process (because it affects their ability to have cause).

Certainly they can ignore like a printout or something, but if you have a valid passport or real id drivers license (IE something considered authoritative), it's almost certainly a due process violation to ignore it and detain you for weeks anyway based on a facial recognition match.

refurb 4 days ago | parent [-]

Are you an immigration lawyer?

Sure if you produce some secure form of proof that has no indication of being fraudulent there is no cause to detain.

But that’s not what’s happening in many cases. People using others ID. Questions about fraud in the immigration case itself.

If you have any examples of US citizens being detained for extended periods (actual citizens, not just a verbal claim) I’d be interested to read about them.

DannyBee a day ago | parent [-]

"Are you an immigration lawyer?"

No, but not sure it matters?

"But that’s not what’s happening in many cases. People using others ID. Questions about fraud in the immigration case itself."

Of US citizens being detained? It 100% is not.

The propublica article below gives an example of a citizen being detained, twice, after providing a valid real id from alabama, in their own name.

"If you have any examples of US citizens being detained for extended periods (actual citizens, not just a verbal claim) I’d be interested to read about them."

https://www.nbcnews.com/news/us-news/us-citizen-detained-ice... is one such case.

There are many others.

In the end, when they discover they are american citizens, they have often falsified affidavits and indicted them on "assaulting officer" charges. The vast majority of these indictments have been dismissed by judges for lack of any evidence.

In case you don't believe that is what happens, here's a case in texas last week where the judge was having none of it, and dismissed just such an indictment after pointing out they were lying repeatedly about their investigations into immigration status, and then lying about how force was used, see:

https://storage.courtlistener.com/recap/gov.uscourts.txwd.11...

If you want some more stories, here:

https://www.propublica.org/article/immigration-dhs-american-...