All of these cases pretty much have one thing in common that should be important to all citizens. Whether they are criminals or simply illegal aliens, they are being deported without due process. If the administration can get away with deporting people (deservedly or not) without due process, there's nothing to prevent them from deporting YOU even if you're a born-here citizen, if you're not given the due process to present your case in a court before you're whisked off to some foreign country.
“Due Process” is for citizens of the US. These are illegal immigrants that broke the law by entering the country. They do not have “rights” like a citizen does. Deport them all. I tired of paying taxes so support them with Medicare, Snap benefits, using our schools, using our hospitals and taking our jobs.
This is a perfectly fine opinion to hold as a matter of preferred public policy or law -- the issue is it would likely require a constitutional amendment to make possible.
*Two* constitutional amendments appear to make clear that due process isn’t just for citizens of the US — it is for “any person” in the US broadly:
5th Amendment: “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”
14th Amendment: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
What happens? Trump seems like he is trying to go around the law/break it. You have said there aren't enough votes to impeach Trump (again). What recourse do we have to stop an elected public servant as high up as Trump from breaking the law?
If this morass doesn’t goose Congress into action, nothing will.
The definition of a refugee [a person who is unable or unwilling to return to their home country, and cannot obtain protection in that country, due to past persecution or a well-founded fear of being persecuted in the future “on account of race, religion, nationality, membership in a particular social group, or political opinion] needs revision. There have been worldwide cultural changes since it was adopted.
What constitutes persecution? Laws? Cultural bias? Job discrimination? The law was forged in the context of death camps. To me that means the persecution must come from a government, not fellow citizens and must consist of restrictions that make life unsupportable, not uncomfortable.
Is sexual orientation a “particular social group?”[Does the mens rea of the rapist have to be examined for sexual bias?]
Are political dissidents of any stripe welcome as asylees? [Wouldn’t that make any participant in any civil war an asylee?]
Are gang members a “social group?” [What is the obligation of the U.S. to support an MS-13 gang member who is threatened by a MS-18gang member?]
They have not been convicted of anything. They have not had any due process applied to them whatsoever. They were just rounded up and sent off to a foreign gulag as part of a particularly cruel act of political theater.
All of these cases pretty much have one thing in common that should be important to all citizens. Whether they are criminals or simply illegal aliens, they are being deported without due process. If the administration can get away with deporting people (deservedly or not) without due process, there's nothing to prevent them from deporting YOU even if you're a born-here citizen, if you're not given the due process to present your case in a court before you're whisked off to some foreign country.
“Due Process” is for citizens of the US. These are illegal immigrants that broke the law by entering the country. They do not have “rights” like a citizen does. Deport them all. I tired of paying taxes so support them with Medicare, Snap benefits, using our schools, using our hospitals and taking our jobs.
This is a perfectly fine opinion to hold as a matter of preferred public policy or law -- the issue is it would likely require a constitutional amendment to make possible.
*Two* constitutional amendments appear to make clear that due process isn’t just for citizens of the US — it is for “any person” in the US broadly:
5th Amendment: “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”
14th Amendment: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
But they do. That is part of being in the U.S.
What happens? Trump seems like he is trying to go around the law/break it. You have said there aren't enough votes to impeach Trump (again). What recourse do we have to stop an elected public servant as high up as Trump from breaking the law?
Thanks for covering this issue in depth!
Thanks for continuing to cover this. It all needs to be documented and kept in the public eye.
Thanks for the coverage of this issue.
If this morass doesn’t goose Congress into action, nothing will.
The definition of a refugee [a person who is unable or unwilling to return to their home country, and cannot obtain protection in that country, due to past persecution or a well-founded fear of being persecuted in the future “on account of race, religion, nationality, membership in a particular social group, or political opinion] needs revision. There have been worldwide cultural changes since it was adopted.
What constitutes persecution? Laws? Cultural bias? Job discrimination? The law was forged in the context of death camps. To me that means the persecution must come from a government, not fellow citizens and must consist of restrictions that make life unsupportable, not uncomfortable.
Is sexual orientation a “particular social group?”[Does the mens rea of the rapist have to be examined for sexual bias?]
Are political dissidents of any stripe welcome as asylees? [Wouldn’t that make any participant in any civil war an asylee?]
Are gang members a “social group?” [What is the obligation of the U.S. to support an MS-13 gang member who is threatened by a MS-18gang member?]
Rosemary, These deportees aren’t refugees. They are criminally convicted illegals.
They have not been convicted of anything. They have not had any due process applied to them whatsoever. They were just rounded up and sent off to a foreign gulag as part of a particularly cruel act of political theater.