President Trump said on Twitter recently that illegal aliens were invaders who “must immediately, with no Judges or Court Cases,” be sent home.
It turns out he was right, again.
Trump’s comments prompted an immediate meltdown by Democrat snowflakes saying that he wanted the United States to strip illegal alien invader of due-process rights.
Here’s how the due process procedure works for illegal alien invaders:
What is due process?
Generally speaking, the Supreme Court says that due process allows people to exercise the legal rights and court processes afforded to them by American law, and it allows them to contest an action proposed by the government in front of a neutral decision maker, like a judge.
Do illegal alien invaders have a right to due process?
Yes. Courts have held that anyone on United States soil is protected by the Constitution’s right to due process, even if they illegally entered the country, though people generally have greater legal protections inside the country than at the border.
How much process is deemed to be “due” depends on the situation.
Courts have upheld that people who entered the United States illegally and were ordered deported have a right to appeal those decisions. But the courts have also essentially said that Congress can decide that more limited procedures are sufficient for illegal alien invaders detained at the border.
What kind of due process do illegal alien invaders get?
illegal alien invaders ordered to leave the country can fight deportation through civil proceedings involving immigration courts and judges overseen by the Justice Department. They can present testimony and evidence before an immigration judge, akin to a trial. They can be represented by a lawyer and can appeal unfavorable decisions to the Board of Immigration Appeals, an arm of the Justice Department.
Even if illegal alien invaders are ordered deported by the immigration appeals board, they can challenge those rulings again in front of a federal court. The process can take months or even years, especially because there is a significant backlog of such cases.
Can the government bypass that process?
Yes. A 1996 statute (see details below) permits immigration authorities to deport people without a hearing, a lawyer or a right of appeal under certain conditions, a process known as expedited removal.
Under current policy, the Department of Homeland Security criteria for expedited removals apply to illegal alien invaders found within 100 miles of the border and within 14 days of entering the country. The statute imposes no geographic limit and allows for expedited removals up to two years after a migrant has entered the country, raising the possibility that the Trump administration may use this power more aggressively.
Can an illegal alien invader avoid expedited removal?
Yes, by lying and saying they need asylum, which many are doing.
When that happens, officers at the United States Citizenship and Immigration Services — not a judge — will review cases to decide whether applicants have a credible fear of persecution back home. If so, they are placed in the immigration court system for a fuller consideration of their request. If officers decided that asylum seekers have no credible fear and should be deported, they still have a right to appeal that denial to an immigration judge, who has seven days to decide.
What Are the Grounds of Deportability?
The grounds of deportability are found in Section 237 of the Immigration and Nationality Act (I.N.A.). For example, non-citizens can become deportable if they:
Commit certain types of crimes, most notably an aggravated felony; domestic violence; a crime of moral turpitude (CMT) committed within five years after being admitted to the U.S. or getting a green card, if the prison sentence was for at least one year; or two CMTs not arising out of a single scheme of criminal misconduct.
Fail to advise USCIS of their changes of address within 10 days of moving.
Are discovered to have committed marriage fraud.
Helped smuggle other aliens into the U.S.
Are or have been drug abusers or addicts, or have been convicted of any drug-related violations other than other than a single offense involving possession of 30 grams or less of marijuana for personal use.
Have committed document fraud
Have falsely claimed to be a U.S. citizen.
This is just a quick overview of these grounds — do not rely on this list to analyze your case, but look at the law itself, linked to above, and consult with an experienced U.S. immigration attorney. Also note that despite the seriousness of being accused of being deportable, some grounds can be overcome by requesting a waiver.
Upon reviewing Illegal Immigration Reform and Immigration Responsibility Act, it states:
“(c) REMOVAL OF ALIENS INADMISSIBLE ON SECURITY AND RELATED GROUNDS.-
“(1) REMOVAL WITHOUT FURTHER HEARING.-If an immigration officer or an immigration judge suspects that an arriving alien may be inadmissible under subparagraph (A) (other than clause (ii)), (B), or (C) of section 212(a)(3), the officer or judge shall-
“(A) order the alien removed, subject to review under paragraph (2);
“(B) report the order of removal to the Attorney General; and
“(C) not conduct any further inquiry or hearing until ordered by the Attorney General.
Mr Americana, Overpasses News Desk
July 2nd, 2018