mookiemcgee wrote:As far as this student goes, she has no legal case. Countries don't need reasons to revoke temporary visas of non-citizens. As long as they can prove she is who her visa says she is it's game over. She has every right to come here and protest with fear of imprisonment (that's what the BOR guarantees), and the US gov't has every right to revoke her visa and send her back to her country of citizenship for any reason or non-reason they may want to provide. She can then, from her home country petition the gov't and start a court case if she thinks laws were broken in her deportation. All this talk about coming under false pretenses is political rhetoric, it's not legally meaningful in her case (IMO as a non-lawyer who has alot of immigration case experience).
Due process is what actually matters. Either due process exists or it doesn't. If any individual isn't afforded a chance to prove they are legally here, then how you interpret the bill of rights and constitution doesn't actually matter much. In her case the gov't can prove she's here legally, but they ultimately they can pull the visa and make her here illegally for any reason under US law. the rounding up of undocumented people without a court proceeding to prove who they are is a way bigger legal quagmire.
If the US govt can send americans to overseas prisons (mistakenly or not) without being given a chance to prove they are American in an American court, fighting over what words mean is pretty irrelevant because the bill of rights is dead.
I'm not touching EU countries deporting other EU passport holders, i have no clue how that is supposed to work.
Mostly agree.
I think the government has overstepped some… in the case of the green card holder who is also married to a citizen for example… of the doctor from Brown University who was refused entry. I think these cases are not as clear as the case Ralf cited.
I think the government and courts have been WAY too lenient / liberal in their interpretation of the Right to Asylum for the past decade plus. This is what has caused the current crisis… and frankly is one of a just a few reasons that Trump won over the Democrats. I think in most cases the deportations in recent weeks have been legal. There’s no description of what constitutes “due process” in the Constitution. It should take only a few days to determine the legal status of a person and deport them… there NO reason that it should drag for months on end.
I have yet to hear of a case where an actual citizen was illegally deported.
Certainly there have been cases where ICE has claimed the person was a gang member… and his family or friends deny this. In none of these cases was the legal immigration status in question. The only question was should the person be deported for being a gang member… or should he just be deported for being here illegally. This is NOT a difference that means much to the average US citizen.