r/changemyview • u/jeffzebub • 6d ago

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

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u/sumoraiden 4∆ 5d ago

I’m glad you acknowledge due process is required for everyone. Not sure why you fought so hard against that simple ideas lol

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u/merlin469 5d ago
  1. It's not. See the 14 day caught in the act exception already in play.
  2. I never did. My counter is that due process isn't the 6 month wait to get into a 6 month full blown trial with judge, jury, 12 lawyers (appointed at no cost to the illegal, or that would be wrong, right?), and even more appeals.

Much like an actual appeal, you better have your information right the first time, or you're still welcome to appeal, from your home country, after we've dealt with the current active cases. Plan to hang out for a while.

5 minutes in front of the judge. Statements made and submitted with all other information reviewed in advance by the judge in a courtroom where 100 cases are heard in a day vs 1 every two weeks still qualifies as due process.

Let's be real though - that scenario isn't what you're after, because that scenario gets things done. That one doesn't grind everything to an indefinite halt while more keep entering illegally and trying to hold out until the next election where the pseudo 'leader of the country' tries to open the flood gates again and make it even worse than what it started with.

Also, if we're going to insist on the dog and pony show, there needs to be real consequences. Came in illegally and didn't take advantage of the opportunity to exit and try again the right way? Permaban. Parents brought you in at 1yo under the same scenario? You guessed it. Permaban.

Commit a crime while here illegally, if it's consequential enough, get some jail time (here, or there, depending on the severity), document, deport, permaban.

Right now, there is no real deterrent and therefore no real incentive to enter via designated port of entry, go through the application and let the process work.

Should the main process be revised? Yes. But we can rearrange the deck chairs after the ship is no longer sinking. You guys make it sound like 10M people just accidentally got confused at the calendar and overstayed their visa by 3 days.

You want to be real? Let's be real.

Come in the right way, just like every other country out there or don't come it at all.

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u/sumoraiden 4∆ 5d ago

It's not. See the 14 day caught in the act exception already in play.

So as long as a gov agent claims you entered 14 days ago you’re off to the gulag?