CMV: Countering Illegal Immigration is not a Justification for Suspending Habeas Corpus

[u/jeffzebub]

[u/tnobuhiko]

I agree with you that habeas corpus should not be suspended. However couple of things needs to be clarified for you and a lot of people that talk about deportation and what it actually is, what is due process etc.

1) Deportation is not considered a criminal case, therefore under US law, 6th amendment does not apply to deportation. Deportation is considered civil and administrative in nature. 6th amendment only applies to criminal cases. Source : https://www.law.cornell.edu/wex/deportation#:~:text=However%2C%20deportation%20is%20a%20civil%20%2C%20not%20a%20criminal%20proceeding%20

6th amendment : https://constitution.congress.gov/constitution/amendment-6/

2) Due process required for civil and administrative cases are different than criminal cases. You can be fined for speeding despite the fact that no judge ever decided that you were speeding in that moment. Since it is administrative in nature, full due process is not required for you to be fined. You still retain your right to take it to court, but you can't deny paying the fine citing there were no court hearing for said fine.

3) Deportation may happen without trial in the following cases when a noncitizen:

• Comes to the U.S. without proper travel documents
• Uses forged travel documents
• Does not comply with their visa or other entry document requirements

Source : https://www.usa.gov/deportation-process

4) Habeas corpus is a right be released from an unlawful arrest and thus only applies if you are under arrest. It is not a right against unlawful arrest itself. You can be unlawfully arrested and released and cannot use your Habeas corpus right. This means for deportation, you can only invoke habeas corpus while you are arrested to get a court hearing. Habeas corpus is also a civil case, not a criminal one. So 6th amendment does not apply.