Posted on 02/11/2016 7:42:43 AM PST by Helicondelta
Trump said, in response to host Bill O'Reilly arguing illegal immigrants would be entitled to due process before being deported, "If they're here illegally they may or they may not be [entitled to due process]. Just like the argument we had about the anchor babies. In my opinion, you don't need -."
After O'Reilly cut in to object, "I'm telling you all settled law says once you're here, you are entitled to our constitutional protections, every single case."
Trump countered, "I disagree.
(Excerpt) Read more at breitbart.com ...
TRUMP says “ the law of the land must be followed concerning gay marriage”???
But not the “ Law of the land concerning due process for illegals?
NO I am NOT for amnesty...or illegals given rights!! but we are talking here about following existing laws.
Due process is scalable. Once a person is determined to be in the country illegally, they are entitled to a one-way trip back home.
If they are here legally, then they get full due process rights.
If they are here legally, but are not citizens, then any punishment should conclude with deportation and debarment from return.
O’Reilly is trying to conflate the administrative process with full citizen-level legal rights. Neither side in this argument is being clear enough by half.
Even if true, here’s how it goes. The hearings are just a formality and will not apply to all. Those it does are deported, hearing dates go on the calendar, they can return for the date if able, but it’s not really necessary since they will be represented by some SPLC/ACLU shyster.
It’s time the American people give these invaders a ‘hearing’ in mass.
And how do you determine they are here illegally without due process of some kind?
When I heard this discussion I realized that people can lawyer up and force the hearing that O’reily is calling out.
However an act of Congress could result in people who have a good chance of being judged as “good” in Trump’s plan waiving the hearing, submitting their paperwork, and showing up at a border site to have their residency determined. In other words, they would actively seek to have their status reviewed and this would not take all that long. This is a way around the hearing and judge situation based on the immigrants request. Not all that hard to imagine, and people who have been here a while should be able to prove that they have not been on welfare, not been in the criminal justice system, made normal progress in school, and have a job. This could eliminate hearings for the majority of the illegals. The ones that fail the above could have hearings and end up deported. (At a much lower rate, but still an improvement over ignoring the issue.
“We’ve never deported people before?”
We haven’t had the will to enforce the law since 1986.
Everything changes a year from now. As unpleasant as it will be, we may have to keep some worthless GOP-e Congress critters so they can rubber-stamp Trump’s `Operation Wetback II.’
As soon as we show we’re serious about booting aliens here illegally, then we go after employers and start building physical barriers.
I’ve always thought `draining the basement’ was the sine qua non of the remedy, before plugging the hole. But I think Trump can do both simultaneously. (We’re used to presidents who can’t walk and chew gum at the same time.)
“A wall won’t work!”
Funny, the ones vociferously making that argument live in gated communities with illegal maids, or have walls around their estates manicured by illegals.
Tell the Secret Service that fences and walls don’t work, take them down.
Obama will say, “No. Walls & fences are like long arms & handguns: they work for me, but not for thee.”
Man, what a rant. I need a nap.
If I sneak into a movie and get caught I cant tell the policeman who is called because I refuse to leave that I am here already and have the manager say since Nana is already in here she can watch the movie for free...
No I’m going to be arrested and then due process, a fine or jail..
Anyone can waive the hearing. In fact if a person is clearly here illegally then most lawyers tell them to waive the hearing and let them ship you home to avoid having a order of deportation on them in the system. But people who believe they are here legally are opposed by a government agency who believes they are not. It's not one-sided. They're entitled to due process before an immigration court judge with legal representation to present a defense against the government's case.
In other words, they would actively seek to have their status reviewed and this would not take all that long.
The problem that nobody talks about is that there are about 200 immigration court judges and over 11 million estimated illegal aliens from Mexico and Central America alone. Do the math. They probably need ten times as many judges, twenty times as many. And courtrooms and lawyers and staff to keep it all working. That isn't cheap, and nobody wants to come up with the money.
If you are here without prior authorization, there should be no due process AT ALL. Period. End of Story.
If you are not under suspicion of committing any crime, and you are not a US Citizen or here under a visa, you should be deported IMMEDIATELY and without further process.
True. But the process due is pretty clearly set out in the law. Now, I don't like the process - I think the removal process should be faster and more streamlined. But the Constitutionally correct answer to that is to change the law - not just ignore it because you don't like how it works.
I don't disagree, but that is not what the law says right now. Get the law changed - I'll support that effort. But I won't support another president who ignores the law, even if I might like the result in this case.
Right. Nobody is saying you have to waterboard and torture them before sending them back.
Detain them in a holding center, with bunk beads. Take fingerprints. No match? Engage the process to have them shipped back. Immediately.
The next day or that day. Use buses and public transportation if you have to in order to ship them from Minnesota to a collective detention center in Kansas or Arizona, where there are busses that go straight to the border. Put an ankle bracelet on them and require they stop at the border to have it removed.
Is it going to cost money? Yep. Is it going to cost more than the billions from Obamacare that was never supposed to be rendered to illegals? Perhaps. But if it does cost more, at least America gets something out of it.
Is it me, or has this country gone completely insane that this is even a question?
Due process is the right of a citizen. You aren’t a citizen, you have no due process. Simple as that.
Exactly. Libs just love to give Constitutional rights to foreign nationals. Sad to see Trump haters doing it now too.
And see how many “rights” even a US citizen has at a Port of Entry to the US. Just about ZERO. ICE does what they want and you’ll like it or end up chained to a wall. Don’t ask me how I know that. LOL.
Trump is probably close to the truth on this, but the fly in the ointment might be our refugee policies. If someone claims refugee status, that does set a legal review process in motion.
I don’t know for certain, but have read that such things as domestic abuse, fear of gang violence in one’s neighborhood, and other very common situations are used in refugee claims. And our present government looks for any reason to approve such requests. Obama would probably grant refugee status because some illegal’s old neighbors played music too loudly.
Our refugee program is one of the most scammed and abused programs in existence, all too often with US government cooperation.
See my post at #54.
Checking citizenship status is due process. If that fails, there is no due process to follow, unless you have committed a crime apart from illegal entry into the country.
There is no “But...but...[INSERT EXCUSE HERE]!” You aren’t a citizen or here under a visa? You don’t stay. End of story.
Agreed. Plug the loopholes. You should be going to your own country’s legal system. Make them take a lie detector test. Something.
“Shouldn’t there be some due process that the government would have to go through that would also allow you to prove that they were wrong?”
You mean like producing a birth certificate or a passport?
L
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.