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by projectazorian 238 days ago
> No, you attended public school and someone had you memorize "due process" in 3rd grade and you never were taught what it meant.

It seems like at your school they didn't mention habeas corpus or Magna Carta? Maybe it sounded too scary and foreign?
1 comments
NoMoreNicksLeft 238 days ago
>It seems like at your school they didn't mention habeas corpus

Habeas doesn't apply... no one's trying to prosecute them for a crime. The juvenile confusion you're experiencing, where you believe deportation to be some sort of punishment for a crime, rather than merely the immediate remedy for someone who doesn't belong where they are, well it's bizarre.

If someone breaks into your home tonight, do you think the police can't remove them from the house until after the trial?

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projectazorian 238 days ago
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.
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NoMoreNicksLeft 238 days ago
>The writ of habeas corpus applies to detention, not prosecution.

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".

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