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Merged Due process in the US

Darat said:
How do we know that was the reason?
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It's weird watching the Overton window shift. It's not really credible that immigration officials might think opposition political merch might be a valid reason to detain someone, but it's no longer entirely incredible that they might feel free to delay political opponents of the Trump regime just to harass them.
 
Jack by the hedge said:
It's weird watching the Overton window shift. It's not really credible that immigration officials might think opposition political merch might be a valid reason to detain someone, but it's no longer entirely incredible that they might feel free to delay political opponents of the Trump regime just to harass them.
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No big difference between the two.
 
P.J. Denyer said:
It's absolutely horrific to see the entire apperatus of State turned against an apparently random individual like this. It's genuinely kafkaesque.
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And let's don't forget that these are the people who proclaim that their first aim in their immigrant purge is to get rid of the felons among them- yet here they are treating with kid gloves a felon because they think they can use him to make another. Surely the word of a man who has so blatant a reason to lie won't be taken on faith without some corroboration by any fair-minded court just because it's been offered as evidence by a "prosecution" with a political axe to grind.
 
turingtest said:
And let's don't forget that these are the people who proclaim that their first aim in their immigrant purge is to get rid of the felons among them- yet here they are treating with kid gloves a felon because they think they can use him to make another. Surely the word of a man who has so blatant a reason to lie won't be taken on faith without some corroboration by any fair-minded court just because it's been offered as evidence by a "prosecution" with a political axe to grind.
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It's incredibly personalised. Did Garcia beat Trump at golf or something?
 
Their "star witness" is a felon due for deportation whose only inducement to say whatever they want is being freed and allowed to remain in exchange for giving evidence? That sounds like some reliable eyewitness testimony right there.
 
Jack by the hedge said:
Their "star witness" is a felon due for deportation whose only inducement to say whatever they want is being freed and allowed to remain in exchange for giving evidence? That sounds like some reliable eyewitness testimony right there.
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I think there will be a long line of highly competent lawyers wanting to represent Abrego Garcia pro-bono who would tear the prosecution case and witnesses to pieces.

I wonder if they will be allowed to represent him or will be assigned an incompetent (and pro-Trump) public defender and not allowed to change ?
 
I Am The Scum said:
Kilmar Abrego Garcia's release from federal custody delayed after lawyers warn of possible deportation

We're in a really messed up country where you're better off having one branch of the government deny your civil rights a little bit because it will prevent a different branch of the government deny your civil rights a whole lot more.
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The sane explanation is that the government has managed to keep him locked up by threatening to deport him.

Whether "sane" is a term that can the applied to the current administration is another question.
 
Mojo said:
The sane explanation is that the government has managed to keep him locked up by threatening to deport him.

Whether "sane" is a term that can the applied to the current administration is another question.
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It's probably all futile anyway, since if precedent is anything to go by, he'll be apprehended and deported by ICE the minute he exits the courthouse anyway even if he wins.
 
Immigration courts are not Article III courts. They are Article II (administrative) courts. Immigration judges are executive officers, not judicial officers. So in theory, the administration can decide who gets to be immigration judges. I imagine this would essentially devolve to the "street judge" concept from Judge Dredd, with the predictable results. In some cases, immigration court decisions can be appealed into the judiciary, but there is no appeal as of right from immigration court.
 
Helen said:
And that would include Trump, as well as Stephen Miller amongst others, wouldn't it? Silver linings! Or gold in Trump's case, of course.
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Let's not forget that Marco Rubio and his siblings were anchor babies, his parents didn't become citizens until 1975 IIRC.
 
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