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by stackskipton 132 days ago
According to Congress and blessed by Supreme Court, immigration law is civil, not criminal and therefore all criminal due process law does not apply.

It's been that way for over 40 years so yes, according to Congress/SCOTUS, this is legal.
2 comments
jshier 132 days ago
The nuances of criminal procedure may not apply, but the fundamental constitutional rights still do, as well as human rights. Indeterminate detention violates both.
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stackskipton 132 days ago
Indeterminate detention without end goal violates the law. However, my guess is process is moving along, just extremely slowly.
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jshier 132 days ago
A distinction without a difference, and it's questionable whether deportation is actually the goal here. If that were the case they could put him on plane today.
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rayiner 132 days ago
They can't put him on a plane without his consent: https://www.universalhub.com/files/attachments/2026/culleton...

Basically, the guy admits that he overstayed the terms of the Visa Waiver Program, but is arguing that the fact INS started processing his adjustment of status application gives him the right to stay in the U.S. until it's resolved:

> Culleton concedes he is removable under the VWP. Reply 10. But he argues that because USCIS accepted and began processing his adjustment of status application, he is entitled to due process protections in its fair adjudication. Id. at 9. The Fifth Circuit has foreclosed this very argument, reasoning that the VWP waiver includes a waiver of due process rights. See Mukasey, 555 F.3d at 462. And “[t]he fact that [Culleton] applied for an adjustment of status before the DHS issued its notice of removal is of no consequence.” Id.

Remember that the whole point of the Visa Waiver Program is that you're conceding up front that you're just visiting and aren't making a claim for asylum or whatever. The idea is that the U.S. makes it easy for you to enter, in return for you agreeing that the U.S. can easily deport you if you overstay.

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hulitu 131 days ago
cough Guantanamo, and other places cough.

And being detained for months, without trial, really shows the rule of the law

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_DeadFred_ 132 days ago
Law enforcement likes to say "You can beat the rap, but not the ride".
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darksaints 132 days ago
Due process protections also apply in civil law.
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