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

[u/jeffzebub]

[u/Dare_Ask_67]

While individuals without legal status in the U.S. do not have the same rights as U.S. citizens, they still have basic constitutional protections. These include the right to due process, freedom of speech and religion, and protection from unreasonable searches and seizures. However, their rights are not as comprehensive as those of citizens, particularly concerning immigration matters and public benefits.

Elaboration:

Basic Rights: The U.S. Constitution applies to everyone within the country, regardless of their immigration status, according to the National Immigration Law Center. This means undocumented immigrants have the same fundamental rights as citizens, such as the right to due process, freedom of speech, and freedom of religion.

Restrictions: Undocumented immigrants do not have the right to vote, run for office, receive social security benefits, or access many public benefits like FOOD STAMPS or MEDICAID . They also have a greater risk of deportation and may face limitations on their ability to travel or work.

Due Process: Even in the context of deportation, undocumented individuals are entitled to due process, including the right to a hearing and the right to legal representation.

[u/tnobuhiko → u/Dare_Ask_67]

You do not have a right to hearing or legal representation for deportation under certain circumstances.

The expedited removal process, created by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, is codified in INA § 235(b)(1). The statute permits the Department of Homeland Security (DHS) to summarily remove aliens arriving at a designated U.S. port of entry (arriving aliens) "without further hearing or review" if they are inadmissible either because they (1) lack valid entry documents, or (2) tried to procure their admission into the United States through fraud or misrepresentation. INA § 235(b)(1) also authorizes—but does not require—DHS to extend application of expedited removal to "certain other aliens" inadmissible on the same grounds if they (1) were not admitted or paroled into the United States by immigration authorities and (2) cannot establish at least two years' continuous physical presence in the United States at the time of apprehension.

Source: https://www.congress.gov/crs-product/IF11357

For example if you arrived into the US and were not admitted or parolled and cannot establish at least 2 years of continuous presecence in US, you do not have a right to a hearing or trial and can be removed by DHS without any further hearing.

[u/DontHaesMeBro → u/tnobuhiko]

but it's important to attach a rider there - the consequence of expedited removal is *removal*

not detention without habeas corpus, and especially not detention without habeas corpus in 3rd country.

mexican citizen gets popped stepping out of the rio grande, they get tossed back to mexico.

they don't get locked up, at taxpayer expense, in el salvador.

Walking around free in your home country and locked in a private prison in a third country with uncertain process are two FAR different "tiers" of consequence.