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Colour Me Criminal (lemmy.dbzer0.com)
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[-] TankovayaDiviziya@lemmy.world 62 points 1 week ago* (last edited 1 week ago)

How can they be criminals if they have no trial?

[-] kittenzrulz123 28 points 6 days ago
[-] smokingpistol@lemm.ee 1 points 6 days ago

I mean wouldn’t someone that’s here legally be able to prove it with a green card? Isn’t it like a physical thing like our American passport for example? That’s what I would think.

[-] chaogomu@lemmy.world 17 points 6 days ago

ICE arrested a guy the other day, at his citizenship hearing. They don't care.

Another one from the other day, ICE also arrested a guy for being in the wrong place at the wrong time, they were after someone specific, and just grabbed a guy because he was brown skinned.

[-] kittenzrulz123 7 points 6 days ago* (last edited 6 days ago)

Shocking news: its possible to prove that you're here legally or that you should be allowed to be here legally, its called going through the legal system and due process. If someone isnt here legally thats for the courts to decide

[-] apprehensively_human@lemmy.ca 6 points 6 days ago

Failing to produce a green card automatically makes you an illegal resident?

[-] smokingpistol@lemm.ee 2 points 6 days ago* (last edited 6 days ago)

That’s not what I’m saying ? I’m asking, if You are a legal resident you would have a green card right? So wouldn’t they just be able to show that they have a green card to prove that they have legal residency? It’s a question. What I’m saying is by showing that you have a green card it proves that you are a legal resident. For example of someone tried to tell me that I wasn’t an American citizen I could just show them my passport and that ends that. And wouldn’t anyone that’s here legally have a green card? Or could they still be here legally before obtaining a green card?

[-] Englishgrinn@lemmy.ca 5 points 6 days ago* (last edited 6 days ago)

The short answer is - yes, there are a bunch of ways to be legally in the United States without a green card. These tend to be temporary, or contingent on other things, so harder to track and produce immediate evidence of.

The longer answer is, it doesn't matter. Deportation is a tool in the government's tool kit for dealing with those who entered the country illegally - but Deportation is a process, with steps, due process and it requires the ability for the potential deportee to argue their case to an immigration judge. Being grabbed by masked thugs off the street, taking a brief layover in Louisiana while they fuel the plane and then being deported to a torture facility in El Salvador without so much as ever speaking to your lawyer is a contravention of your rights. Your human rights, your 5th Amendment rights, take your pick.

Kilmar Abrego Garcia, for example, was never formally granted asylum. He missed the filing deadline of one year. However, in his original deportation trial he showed significant evidence and credible testimony that he had fled El Salvador to escape being forced to join the gang that was shaking down his family for protection money. The only reason he wasn't deported after that original hearing was that a Judge granted him hold order - stating he specifically could not be deported to El Salvador because his life would be in danger. It's unlikely he has any simple card or document that shows that order he could carry with him. In direct violation of that order, ICE sent him anyway. He's almost certainly dead.

[-] jj4211@lemmy.world 3 points 5 days ago* (last edited 5 days ago)

So you are walking down the street, being a super careful to always have your passport. Then a van pulls up and stuffs you in it. You declare you have a passport and are a citizen, but they don't care. You didn't get due process to show your documentation because they "mistakenly" put you down the "no due process" path.

It isn't really possible to assure due process for only select people, either everyone must have it or else anyone could have due process denied under a claim that they belong to the "no due process" class.

Due process does not necessarily mean leniency, it just means a reasonable process and a chance to be heard and present your documentation and such. Without that guarantee, there's no accountability of the enforcers and no guarantee you even can present your documentation.

[-] jj4211@lemmy.world 4 points 5 days ago

If you aren't allowed to even provide your documentation because there's no due process, then that documentation does no good.

[-] monotremata@lemmy.ca 3 points 6 days ago

Tell this to Kilmar Abrego Garcia, who was here legally, and was grabbed and sent to a prison in El Salvador. The government isn't giving people any opportunity to prove their status. That's what we mean when we say they're not being given "due process." There's not a trial or anything. They're just grabbed and hauled away.

[-] mrslt@lemmy.world 29 points 1 week ago

Because criminals don't deserve due process! My government told me so! I am very smart! Checkmate, libs!

VERY big /s

[-] Astertheprince@lemmy.dbzer0.com 9 points 1 week ago

Because some people think that the police using their power against you makes you automatically wrong and evil. We call those people bootlickers.

[-] shawn1122@lemm.ee 6 points 1 week ago* (last edited 1 week ago)

Because habeas corpus applies only to those with sufficient privilege.

this post was submitted on 16 Apr 2025
1156 points (100.0% liked)

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