Kilmar Abrego Garcia is back

[Gunnar]

Do you believe that Garcia is a good law abiding person worthy of US citizenship?

A lot of folks believe that the current President cannot meet that criteria. : D

Yes, and unlike García, Trump is already a convicted felon as determined by a legitimate trial by Jury. Had he not managed to get himself elected, he would almost certainly already be justly incarcerated.

[Bret Ripley]

... is this just about due process and if guilty of crimes so be it?

"... just about due process"? You make that sound trivial.

But "due process" is not a small matter. It is an ancient right in the Anglo-Saxon legal tradition adhered to by the Founding Fathers of the US constitution, and it goes right back to when King John was forced to sign Magna Carta in 1216, when he promised, among many other things, that "(39) No free man shall be seized or imprisoned, or stripped of his rights or possessions, or outlawed or exiled, or deprived of his standing in any other way, nor will we proceed with force against him, or send others to do so, except by the lawful judgement of his equals or by the law of the land."

In other words, the king cannot just do stuff to you because "every body knows you are guilty". You have the right to a trial, however guilty you may be thought to be. Why? Because if the state is allowed to use its coercive powers just because it wants to, none of us is safe in the long run.

Chap absolutely nailed it. The constitutional protections that guarantee due process for Abrego Garcia also guarantee due process for Markk and Ripley. Allowing executive whim to ignore this guarantee for the former endangers that guarantee for all.

It's "first they came for the socialists" happening right in front of us; the ones you hear cheering are not the good guys.

[Markk]

A lot of folks believe that the current President cannot meet that criteria. : D

Yes, and unlike García, Trump is already a convicted felon as determined by a legitimate trial by Jury. Had he not managed to get himself elected, he would almost certainly already be justly incarcerated.

You are treating Garcia as if he is a citizen, he is not. There are statues that modify and limit due process to non citizens, and in some cases even citizens..... are you aware of that?

Are you saying that the court that convicted Garcia of being a gang member and giving him a deportation order was not a legitimate trial?

Garcia will again get his day in court on sperate charges. Trump will get his also in the appeal that I believe is moving forward.

There will be a lot more discussed on his trial for sure. And the felony he was convicted of is about the lowest felony class there is in NY and even if he lost his appeal, he would have most likely got probation, even by a skewed judge. He would in no way be incarcerated, he would be out on bail pending his appeal.

The whole court thing was to keep him from running and winning. Now that he won, they won't put too much energy into that bucket. The next bucket is winning the House, they they can impeach him and tie up his last 2 years, instead of finding a leader and formulating a platform with a vision.

[Chap]

There are statues that modify and limit due process to non citizens, and in some cases even citizens..... are you aware of that?

Justice Antonin Scalia wrote "it is well established that the Fifth Amendment entitles aliens [non-citizens] to due process of law in deportation proceedings." in a concurring opinion on the case Reno v. Flores, 507 U.S. 292 (1993) relating to illegal or undocumented immigrants.

[Markk]

There are statues that modify and limit due process to non citizens, and in some cases even citizens..... are you aware of that?

Justice Antonin Scalia wrote "it is well established that the Fifth Amendment entitles aliens [non-citizens] to due process of law in deportation proceedings." in a concurring opinion on the case Reno v. Flores, 507 U.S. 292 (1993) relating to illegal or undocumented immigrants.

There are clauses and acts that allow immediate removal. One of these acts is called the Expedited Removal Act of 1996, signed into law by President Clinton. Start there.

Statutory Framework and Current Implementation

The expedited removal process, created by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, is codified in INA § 235(b)(1). The statute permits the Department of Homeland Security (DHS) to summarily remove aliens arriving at a designated U.S. port of entry (arriving aliens) "without further hearing or review" if they are inadmissible either because they (1) lack valid entry documents, or (2) tried to procure their admission into the United States through fraud or misrepresentation. INA § 235(b)(1) also authorizes—but does not require—DHS to extend application of expedited removal to "certain other aliens" inadmissible on the same grounds if they (1) were not admitted or paroled into the United States by immigration authorities and (2) cannot establish at least two years' continuous physical presence in the United States at the time of apprehension.

Immigration authorities have implemented expedited removal mainly for three overarching categories of aliens who lack valid entry documents or attempted to falsely procure admission:

1. arriving aliens (defined by regulation as aliens arriving at U.S. ports of entry);
2. aliens who entered the United States by sea without being admitted or paroled into the United States, and who have been in the country less than two years; and
3. aliens apprehended within 100 miles of the U.S. border within 14 days of entering the country, and who have not been admitted or paroled.

Most aliens subject to expedited removal have thus been apprehended either at a designated port of entry or near the international border when trying to enter, or shortly after entering, the United States unlawfully between ports of entry.

https://www.congress.gov/crs-product/IF11357

[¥akaSteelhead]

You keep ignoring the part where these people are being sent to prison sans a criminal trial.

That is not removal/deportation.

[Chap]

You keep ignoring the part where these people are being sent to prison sans a criminal trial.

That is not removal/deportation.

It's really boring having to repeat this bit over and over again, isn't it?

[Markk]

You keep ignoring the part where these people are being sent to prison sans a criminal trial.

That is not removal/deportation.

Who?

[Moksha]

... is this just about due process and if guilty of crimes so be it?

"... just about due process"? You make that sound trivial.

But "due process" is not a small matter. It is an ancient right in the Anglo-Saxon legal tradition adhered to by the Founding Fathers of the US constitution, and it goes right back to when King John was forced to sign Magna Carta in 1216, when he promised, among many other things, that "(39) No free man shall be seized or imprisoned, or stripped of his rights or possessions, or outlawed or exiled, or deprived of his standing in any other way, nor will we proceed with force against him, or send others to do so, except by the lawful judgement of his equals or by the law of the land."

Neither Trump nor Godzilla place any stock in "due process". Both will sweep away high-tension electric power lines and due process with their tails. They are coming for the Tokyo Tower and Senor Garcia.

[Dr. Shades]

Neither Trump nor Godzilla place any stock in "due process". Both will sweep away high-tension electric power lines and due process with their tails. They are coming for the Tokyo Tower and Senor Garcia.

Was that funny?