Originally posted by downtownv: Due Process (in 60 seconds) hearings: "Are you an American Citizen? No. Deport. Yes. Prove it. You can process tens of thousands a day!
“Due Process under the Constitution applies to all persons within the United States, citizens and non-citizens alike, including those here illegally.
"The Judge learns that ICE was outside to get the guy, because he had been deported in 2013, came back into our country, charged with committing these crimes, victim is in court.
Judge finds out. She goes out into the hallway. Screams at the immigration officer. She's furious. Visibly shaken. Upset. Sends them off to talk to the chief judge.
"She comes back into the courtroom. You're not going to believe this. Takes the defendant and the defense attorney back in her chambers. Takes them out a private exit and tells them to leave. While the state prosecutor and victims of domestic violence are sitting in the courtroom."
This arrest has whet the appetite of the law-abiding American public, and they will demand more. In order to cope with the rampant lawlessness of the left, I do my best to keep a lid on my indignation, but I will tell you that, looking at the photo below, I feel my blood rising. Mencken's black flag.
"It's every freedom-loving individual's duty to lie to the government." Airsoftguy, June 29, 2018
April 26, 2025, 06:37 AM
nosticks
Oh no, who is going to take care of her cats.
Awake not woke
April 26, 2025, 07:10 AM
mttaylor1066
It’s said so often that it has become cliche…. But, Donald Trump has broken these people. Truly.
___________________
Company, villainous company hath been the spoil of me.
April 26, 2025, 07:40 AM
downtownv
quote:
Originally posted by Pipe Smoker:
quote:
Originally posted by downtownv: Due Process (in 60 seconds) hearings: "Are you an American Citizen? No. Deport. Yes. Prove it. You can process tens of thousands a day!
“Due Process under the Constitution applies to all persons within the United States, citizens and non-citizens alike, including those here illegally.
While they may all be required to receive due process, I don't believe that that "due process" necessarily requires a court hearing. The best as I can tell is that it is a somewhat nebulous term only requiring fairness. Who gets to define what is fair is, I suppose, the issue. My thought would be that Congress could decide what is fair in these instances and pass legislation to that effect. Problem solved. Prove that you are a legal citizen. Can't do it? AMF.
________________________________________________________ "Great danger lies in the notion that we can reason with evil." Doug Patton.
April 26, 2025, 09:34 AM
downtownv
quote:
Originally posted by Gustofer: While they may all be required to receive due process, I don't believe that that "due process" necessarily requires a court hearing. The best as I can tell is that it is a somewhat nebulous term only requiring fairness. Who gets to define what is fair is, I suppose, the issue. My thought would be that Congress could decide what is fair in these instances and pass legislation to that effect. Problem solved. Prove that you are a legal citizen. Can't do it? AMF.
Originally posted by downtownv: Due Process (in 60 seconds) hearings: "Are you an American Citizen? No. Deport. Yes. Prove it. You can process tens of thousands a day!
Due process is truly important. A person accused of being illegally here should have the right to contest deportation on the grounds that they are not illegally here. So either they were mistaken for someone else, or they in fact have legal status (citizen or green card).
Where this gets sticky is burden of proof should be on the government. You or I would produce our proof of citizenship asap for our own good, but if someone stubbornly refuses to show proof of citizenship then the government has a problem. If millions of illegals refuse to produce proof, it will jam up the system for decades.
What should never be part of consideration is that while the person is illegally here, there is some other excuse not to deport. Illegal = deport.
April 26, 2025, 10:01 AM
nhtagmember
I dont think Congress needs to get involved at all. People get turned away at CBP inspections all the time. They can and do understand due process.
Just streamline it a bit for these specific cases and we are done.
April 26, 2025, 10:14 AM
jsbcody
So here is a question concerning Due Process; If you failed to appear for your hearing or court date, haven't you in effect waived your due process right?
April 26, 2025, 10:51 AM
Lefty Sig
quote:
Originally posted by jsbcody: So here is a question concerning Due Process; If you failed to appear for your hearing or court date, haven't you in effect waived your due process right?
That would make you a fugitive right?
April 26, 2025, 10:58 AM
Dzozer
'veritas non verba magistri'
April 26, 2025, 01:09 PM
jsbcody
quote:
Originally posted by Lefty Sig:
quote:
Originally posted by jsbcody: So here is a question concerning Due Process; If you failed to appear for your hearing or court date, haven't you in effect waived your due process right?
That would make you a fugitive right?
Maybe. Immigration Courts are considered Administrative Courts and I believe the burden of proof is only Preponderance of Evidence versus Reasonable Doubt. Difference being between Arrest Warrant and Detainer Order. But since the illegal did not show up for their hearing, I think the argument can be made that they waived their right to an administrative hearing. Kind of like if one side in a civil case does not show up or respond, then the other side can ask for a summary judgement and usually get it.