(1) "Judge" is not necessarily identical with "due process." (2) Congress can't override constitutional protections by passing new laws. That would require a constitutional amendment.
A law cannot overturn the Constitution, you need an Amendment for that. In principle, anyway. If you have a Supreme Court that abdicates its duties then you can do whatever you want, at the cost of legitimacy.
I think you misspoke. “Protects” is a statement of fact which does not resemble current facts. “is supposed to protect” would be more accurate.
The as built does not currently match the plan provided by the constitution and rule of law. Please see your nearest democratic representative to address the problem.
"The majority stakes the largest detention initiative in American history on the possibility that ‘seeking admission’ is like being an ‘applicant for admission,’ in a statute that has never been applied in this way, based on little more than an apparent conviction that Congress must have wanted these noncitizens detained — some of them the spouses, mothers, fathers, and grandparents of American citizens,” she added. “Straining at a gnat, the majority swallows a camel.”
The statute is exceedingly clear. Subsection (a) first says: "An alien present in the United States who has not been admitted or who arrives in the United States (whether or not at a designated port of arrival and including an alien who is brought to the United States after having been interdicted in international or United States waters) shall be deemed for purposes of this chapter an applicant for admission."
Subsection (b)(2)(A) then says: "Subject to subparagraphs (B) and (C), in the case of an alien who is an applicant for admission, if the examining immigration officer determines that an alien seeking admission is not clearly and beyond a doubt entitled to be admitted, the alien shall be detained for a proceeding under section 1229a of this title."
This Irish man would probably prefer to be removed from the property (country), instead of being indefinitely detained waiting for a trial whose outcome is already known.
The 6th Amendment of the US contains a right to a speedy trial. Otherwise, every arrest can become a life sentence if no trial is ever held.
Do they also lock you up on the property for 5 months while they figure out how to remove you from the property?
People’s inability to comprehend the need for basic legal rights like Habeas Corpus is incredible. We literally have leaders who don’t know what that means and when challenged on it, don’t even bother to look it up and remain uninformed when asked months later.
The Sixth Amendment guarantees the right to a speedy, public trial in criminal prosecutions, protecting defendants from excessive, prejudicial delays between indictment or arrest and trial.
@rayiner Do you understand that justifying his 5 month detention without due process means you are justifying your own 5 month detention without due process?
The State says "Due process" now means your body may be used in the hard labor prison archipelago. How quickly we Rationalize. How shamefully human we are.
Constitution also garuntees a speedy trial and specifically calls out these type of long detentions without conviction or trial being used as punishment.
If the Executive Branch doesn't care about the Constitution and inconvenient laws when directing the law enforcement agencies under its control, Congress doesn't hold the executive to account by either withholding funds or threatening impeachment, and the SCOTUS majority doesn't try to rein in these acts while seeming to lack the ability to enforce its own decisions, the words printed on the Constitution are just useless ink.
Elections have consequences, and we're all paying them. Some paying a lot more than others.
ktm5j|21 days ago
You can be detained and deported without first seeing a judge.
nyeah|21 days ago
idle_zealot|21 days ago
tim-tday|21 days ago
The as built does not currently match the plan provided by the constitution and rule of law. Please see your nearest democratic representative to address the problem.
ghouse|21 days ago
I considered "(is supposed to)" preceding "protect"
phonon|21 days ago
"The majority stakes the largest detention initiative in American history on the possibility that ‘seeking admission’ is like being an ‘applicant for admission,’ in a statute that has never been applied in this way, based on little more than an apparent conviction that Congress must have wanted these noncitizens detained — some of them the spouses, mothers, fathers, and grandparents of American citizens,” she added. “Straining at a gnat, the majority swallows a camel.”
https://www.courthousenews.com/fifth-circuit-upholds-trump-a...
rayiner|21 days ago
Subsection (b)(2)(A) then says: "Subject to subparagraphs (B) and (C), in the case of an alien who is an applicant for admission, if the examining immigration officer determines that an alien seeking admission is not clearly and beyond a doubt entitled to be admitted, the alien shall be detained for a proceeding under section 1229a of this title."
unknown|21 days ago
[deleted]
iso1631|21 days ago
But SV cheers it on
rayiner|21 days ago
[deleted]
jerlam|21 days ago
The 6th Amendment of the US contains a right to a speedy trial. Otherwise, every arrest can become a life sentence if no trial is ever held.
drecked|21 days ago
People’s inability to comprehend the need for basic legal rights like Habeas Corpus is incredible. We literally have leaders who don’t know what that means and when challenged on it, don’t even bother to look it up and remain uninformed when asked months later.
And fools defend them.
ghouse|21 days ago
nyeah|21 days ago
sa-code|21 days ago
@rayiner Do you understand that justifying his 5 month detention without due process means you are justifying your own 5 month detention without due process?
Psillisp|21 days ago
plagiarist|21 days ago
Also: a nation is not a private residence. That's an analogy that irritates me when I see it.
asacrowflies|21 days ago
ttfkam|21 days ago
Elections have consequences, and we're all paying them. Some paying a lot more than others.