• MacN'Cheezus@lemmy.today
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    19 hours ago

    The fifth amendment only requires due process for capital crimes. Being in the country illegally is not a capital crime, and being deported does not permanently bar you from re-entry.

      • MacN'Cheezus@lemmy.today
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        13 hours ago

        There are two ways to become a citizen in the United States:

        1. By birth
        2. By naturalization

        Both are attested by government certificates. Do you really think the government does not have access to those records? If someone is not found in either of those, what are the chances that they have a valid claim to citizenship?

        • LustyArgonian@lemmy.world
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          12 hours ago

          Do you not know what “due process” is, then?

          The government checking a database for records and ensuring those are correct and in line with the information the accused has (via a judicial body), IS DUE PROCESS.

          What are the chances? This isn’t the fucking casino, it’s people’s legal rights, which are also YOUR legal rights, and they are proved by evidence, not odds.

          Not giving someone due process, means they don’t have to look at those government documents (and they haven’t been in several cases and admitted it). That means YOU, they can refuse to look at your ID or say it is fake, refuse to let you prove it in court- THAT’S DUE PROCESS

          NONE of this, and I can’t emphasize this enough, is about these people’s actual legal citizenship status or not, so your first two points are mind-numbingly bad. Whether you get your day in court is how we determine ANYTHING in this country so we MUST grant it, or else they own your body and self and can just kidnap you anywhere, literally.

          You’re a fucking idiot.

          • MacN'Cheezus@lemmy.today
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            11 hours ago

            The government checking a database for records and ensuring those are correct and in line with the information the accused has (via a judicial body), IS DUE PROCESS.

            Okay, so when ICE goes to arrest people for whom they have no immigration records, they’ve already done their due process then, haven’t they. Glad we agree here.

        • BussyGyatt@feddit.org
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          12 hours ago

          And while I’m at it, suppose someone is born in the US but not in a hospital. They’d have the claim but not the papers to show. Fuck 'em?

        • BussyGyatt@feddit.org
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          12 hours ago

          We doin law by statistical probability? What are the odds their kid flushed their papers down the toilet that morning. They just SOL?

          There’s a process for determining citizenship and “that tattooed guy with brown skin looks illegal. Send him to the torture slave camp” aint it champ. He even had his papers. Try again.

          • MacN'Cheezus@lemmy.today
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            11 hours ago

            If the kid flushed down the papers they’ll still be the government database, won’t they.

            • BussyGyatt@feddit.org
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              55 minutes ago

              You dodged the actual point tho. people are owed due process and the presumption of innocence and snap jusgements are instead being made on the color of people’s skin. And again, that football player they sent to el salvador had a fucking greencard, he was a legal resident.

              this isnt nazi germany pal, you dont just go up to people and demand their papers and then send them to a fucking camp whether they have them or not.

    • waggz@programming.dev
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      18 hours ago

      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.

      I’m not sure you understand what the word nor means.

      • MacN'Cheezus@lemmy.today
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        18 hours ago

        Deporting someone isn’t depriving them of life or liberty unless they are certain to be incarcerated the moment they arrive. Which, I suppose, would be the case for those folks that were shipped off to El Salvador, but for the majority of deportees, it isn’t.

        • Crikeste@lemm.ee
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          18 hours ago

          There are people here seeking asylum for threats of gang violence against them. Depriving someone of their safe refuge is depriving someone of liberty. Do you think those people should be sent back to their countries?

          Well it doesn’t matter what you think because that already happened.

          • MacN'Cheezus@lemmy.today
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            18 hours ago

            Seeking asylum isn’t illegal, and those with a pending petition are not considered illegal immigrants. Until a decision is made, they have temporary protected status.

            Crossing the border without permission OTH IS illegal and subject to deportation. It’s not that difficult.

            • AlfredoJohn@sh.itjust.works
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              17 hours ago

              You realize part of seeking asylum also can involve crossing the border without permission and is codified in law?

            • setenforce@sh.itjust.works
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              17 hours ago

              Sure until they decide you no longer have your temporary protected status. It doesn’t even matter if you’re a citizen, you have an autism awareness tattoo? Have fun in El Salvador

              • MacN'Cheezus@lemmy.today
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                14 hours ago

                A petition for asylum does not HAVE to be accepted. Once it’s been denied, you do indeed lose your status, and you’re generally expected to leave the country.

                But tell me, please, how many of those who have been deported by Trump had a pending petition for asylum that was ignored?