In the middle of the night, SCOTUS has paused Trump from deporting illegals under the Alien Enemies Act.
Trump has been relying on this law to effectuate mass deportations of illegals who are also gang members.
There are around 11 million illegals in the US. The US does not appear to have another tool by which to readily remove large numbers of illegals. Under our current laws, Trump could only mass deport gang members, and that’s the part being challenged.
Relying on the court system to adjudicate each alien case individually would take over a century and would cost taxpayers a fortune. Our current justice system is not equipped to handle the reality of illegal immigration in this country.
SCOTUS will need to balance the rights to the individuals against the need of our country to remain sovereign. From there, Congress will need to draft new laws to help the country remain sovereign.
Trump has been relying on this law to effectuate mass deportations of illegals who are also gang members.
There are around 11 million illegals in the US. The US does not appear to have another tool by which to readily remove large numbers of illegals. Under our current laws, Trump could only mass deport gang members, and that’s the part being challenged.
Relying on the court system to adjudicate each alien case individually would take over a century and would cost taxpayers a fortune. Our current justice system is not equipped to handle the reality of illegal immigration in this country.
SCOTUS will need to balance the rights to the individuals against the need of our country to remain sovereign. From there, Congress will need to draft new laws to help the country remain sovereign.
There is interesting precedent from SCOTUS that says illegals should be expelled not imprisoned. The distinction is deportation as a civil process vs. imprisonment as a criminal penalty.
“No limits can be put by the courts upon the power of Congress to protect, by summary methods, the country from the advent of aliens whose race or habits render them undesirable as citizens, or to expel such if they have already found their way into our land, and unlawfully remain therein. But to declare unlawful residence within the country to be an infamous crime, punishable by deprivation of liberty and property, would be to pass out of the sphere of constitutional legislation, unless provision were made that the fact of guilt should first be established by a judicial trial.” Wong Wing v. United States, 163 U.S. 228, 237-238 (1896).
Wong Wing is the only SCOTUS case that explicitly addresses the government’s power to deport illegals while also discussing their due process rights. Yick Wo focuses on equal protection without mentioning deportation, and Plyler addresses education access, not deportation.
“The right of a nation to expel or deport foreigners who have not been naturalized, or taken any steps towards becoming citizens of the country, rests upon the same grounds, and is as absolute and unqualified, as the right to prohibit and prevent their entrance into the country. … The power to exclude aliens, and the power to expel them, rest upon one ground only—upon the inherent and inalienable right of every sovereign and independent nation to determine for itself, and according to its own constitution and laws, what classes of persons shall be permitted to remain within its jurisdiction.” Fong Yue Ting v. United States, 149 U.S. 698, 707-711 (1893).
Because deportation is a civil process, not a criminal one, it does not require the same level of due process as criminal punishments.
“No limits can be put by the courts upon the power of Congress to protect, by summary methods, the country from the advent of aliens whose race or habits render them undesirable as citizens, or to expel such if they have already found their way into our land, and unlawfully remain therein. But to declare unlawful residence within the country to be an infamous crime, punishable by deprivation of liberty and property, would be to pass out of the sphere of constitutional legislation, unless provision were made that the fact of guilt should first be established by a judicial trial.” Wong Wing v. United States, 163 U.S. 228, 237-238 (1896).
Wong Wing is the only SCOTUS case that explicitly addresses the government’s power to deport illegals while also discussing their due process rights. Yick Wo focuses on equal protection without mentioning deportation, and Plyler addresses education access, not deportation.
“The right of a nation to expel or deport foreigners who have not been naturalized, or taken any steps towards becoming citizens of the country, rests upon the same grounds, and is as absolute and unqualified, as the right to prohibit and prevent their entrance into the country. … The power to exclude aliens, and the power to expel them, rest upon one ground only—upon the inherent and inalienable right of every sovereign and independent nation to determine for itself, and according to its own constitution and laws, what classes of persons shall be permitted to remain within its jurisdiction.” Fong Yue Ting v. United States, 149 U.S. 698, 707-711 (1893).
Because deportation is a civil process, not a criminal one, it does not require the same level of due process as criminal punishments.
@washitallawayf5 @Pslcharlie But.
https://twitter.com/marinamedvin/status/1913572103846085033
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