"And in doing so, we have blatantly ignored the Constitution, the Judicial Branch, and common sense."

Where in the constitution does it say that non-citizens have a right to green cards?

The US has no legal obligation under International Humanitarian Law to offer residency to any non-citizens. Conversely, even an absolute monster who holds US citizenship, even if from another country, has constitutional rights.

Policies for non-citizens in the US is just that. Policy. And someone can correct me if I'm wrong, but the US could change its policy and kick out all legal non-citizen residents. Hell, the US government could make it illegal for any non-citizens to step foot in the US if it wanted to.

I know that living here in Germany, if I annoy them, they have every right to kick me out.

#33

You say that IHL isn't the issue. The constitution isn't the issue.

So what is the issue?

What else is there?

"America is not Germany. They have their own constitution. I haven't read it. Are all "persons" guaranteed due process there?"

Due process is I am not a citizen and have no constitutional right to be here.

It's the same in the US. Any "due process" is federal policy that exists outside of the constitution. And policy can be changed.

"Like the Fourteenth Amendment, the Fifth Amendment includes a due process clause stating that no person shall "be deprived of life, liberty, or property, without due process of law"."

And that applies to every human on earth? That applied to the Japanese soldiers who invaded the US in WWII? Or the British soldiers who invaded 150 years prior to that?

"I'm pretty sure that after this man is brought back and gets his "due process" he will be immediately deported again."

Why would he be brought back? He is a citizen of El Salvador. He's in El Salvador. He's not a legal resident. If he did come back, it would be an in-extremis exemption to policy-driven almost solely by emotion.

The dude was an illegal immigrant. So far as I know, there is no policy exemption that provides legal resident status because they stayed in the US and didn't cause trouble.

I think this dude (and all the others) will stay in prison until the US stops paying for El Salvador to keep them there. Then they will be encouraged to sneak back into the US.

"Nope. It applies to every human under the jurisdiction of the United States."

Which is whom?

Were the Japanese invaders in the Aleutian Islands under the jurisdiction of the United States?

If not, why not?

"My quote was directly from the U.S. constitution."

Understood.

Are you arguing that the Japanese soldiers who invaded the Aleutian Islands were entitled to "Due Process" under the constitution?

A better questions. What "due process" was Kilmar Abrego Garcia denied? The opportunity to present that he was a legal resident? So far as I know, he was not. Through policy, he had been permitted to stay in the US, but that does not mean that the government can't adjust policy to determine that he is not allowed to stay.

So how would "due process" have changed this outcome? The only thing I can think of is he would have been sent straight back to El Salvador, rather than to a prison. Thoughts?

"Again. This is NOT Germany."

So, my next question would be, is there anyone who doesn't have a legal right to reside in the US?

"What's that got to do with the migrants in this case, people who under US jurisdiction who were denied Due Process?"

Does that mean anyone on a flight landing in the US without proper entry documentation has a legal right to a judicial hearing to determine whether or not they are allowed to stay in the US?

"Is that for the Courts to decide? Congress? The Executive Branch?"

Congress (and possibly the executive branch) determines what constitutes legality. The courts determine whether or not those policies comply with the constitution.

"Well, for starters, a judge ordered the plane not to take off."

At least one of the planes was already in the air. And the detention center from which the detainees departed is on the border with Mexico. That aircraft was out of US control within minutes of takeoff.

#60

Due process to determine what?

Is it a constitutional violation for CBP to turn away a non-citizen tourist who has landed at a US airport? If not, why?

"how do you know theyre a non citizen without due process?"

By looking at their passport. And that's not even a citizenship thing. You can get a passport as a legal resident.

"These cases are about people who are already inside the United States."

Someone landing at an airport is already inside the United States, and as I understand it from your argument, therefor subject to the jurisdiction of the United States.

So why would turning them away without "due process" not be a violation of their 5th amendment rights? What legal distinction is there between someone who has been in the US for minutes or years?

"Ask her to explain it at an eighth grade reading level, so you have a better chance of understanding."

Why don't you explain it to me?

"The topic here is people being placed under arrest."

Sure.

Anyone who is placed under arrest in the US is entitled to the same rights.

Is someone arguing that this isn't the case?

"These people were detained."

OK?

What does that have to do with due process?

What rights?

Your rights.

"Did Kilmar get his rights?"

No. His deportation went against a judge's order that he not be deported to El Salvador. But his status as an illegal alien had been established in a court. Had another country been willing to accept him, it would have been completely legal to deport him.

"Due process is everyone's right."

Unless you're a tourist arriving at an airport who gets told they are not allowed to stay. Isn't that individual deprived of due process within the jurisdication of the US?

"Yes, you are, and Trump is."

How so?

None of these guys, to the best of my knowledge, were arrested for committing any act other than entering the US illegally. In fact, they were all free to leave the US at any time of their choosing. With alleged criminals, the opposite is true. They are prohibited from leaving the country.

"He was illegally deported without Due Process."

He was illegally deported, period. An immigration court had previously ruled that he could not be deported to El Salvador. ICE screwed up and deported him anyway.