The writ of habeas corpus applies to detention, not prosecution. In fact this is why it exists. If it only applied after a crime was alleged, the government could hold people in extrajudicial detention forever so long as it never leveled criminal charges. The Bush administration did exactly that in Guantanamo and was slapped down by the Supreme Court.
NoMoreNicksLeft|4 months ago
It doesn't. If a cop stops you on the sidewalk for 10 minutes, that's being "detained", but they don't need to meet the burden of first going to a judge and presenting the evidence required in habeas. Which is all of the detention that occurs in these cases, after that it becomes deportation.
But, should habeas be required of deportation, then only proof required for that is "here is the documentation showing lack of citizenship".