What happened to due process?

Question

The law of this country says you have a right to due process no matter who you are or where you come from. And under these precepts each person is innocent until they are proven to be guilty. If you are so set to jump and complain that they've broken the law then you are standing directly against the Constitution of the United States.
If you are somebody that continually says "a crime's a crime" aren't you really stating your belief to be that you love America and the Constitution as long as it agrees with your own beliefs? Should we follow the constitution and give each and every one of these people of whatever race or origin their rights to due process under OUR constitution?
Or do your arguments have absolutely no solid grounding at all?

***PS****
The constitution requires due process for ALL. It doesn't say citizens. That's why they are keeping the terrorist detainees offshore. And yes Guantanamo is offshore.

Yes there are millions of illegals in the country. No doubt, but because we are accusing them of a crime, they have, according to our own constitution the right to due process.

Specifically I am speaking to the people that see Mexicans and assume illegal and scream deport them. Anchor babies make people legal. I am saying that given that argument it appears that most of the people I've seen writing on here want to throw away the presumption of innocence.

Answer 1

It pretty much fell out the window when the Patriot Act was passed. Among its friends, dying in the Constitution was also the 5th amendment, habeus corpus, large parts of free speech, the agreement of the geneva convention, and many other things that used to keep us civilized and democratic and have now led the path to a police state.

Answer 2

Please let us know what you are referring to in relation to due process?

Are you of the belief that illegal immigrants should all be able to go before a judge to show why they are not really illegal? Or that they should be allowed to stay because of some other reason? The reasons that they are here illegally are irrelevant in criminal court - that is for the legislature to write laws and amend current laws. If they have some mitigating circumstances like needing to sell a home, get their children ready to go with them or similar then I feel a sufficient bond is in order for a SHORT time until they get their affairs in order.

Of course the costs for litigating every illegal alien would be enormous and would overwhelm our legal system. Taxpayers already pay billions every year in benefits to illegals, we do not want to pay any more. Given that we have to consider costs and practicality when dealing with the real world I say that giving a hearing to a known illegal is totally unnecessary. If they have some proof of their legal residency/status then a hearing could be ordered - baring that it is a waste and abuse of our system.


EDIT: Due process does NOT mean they get to go before a judge. It simply means that they are given due consideration under the law. I believe that under the new impositions that the INS is implementing in a few sectors that they will most likely be given a hearing - but it also means that catch and release is over. Since illegals rarely show for their hearings I aplaud their due process. By the way - illegal immigration is WAY DOWN in those sectors where they are immediately arrested and a hearing is held.

Answer 3

Are you talking about citizens and legal immigrants who are not yet citizens, or illegal aliens? The constitution is the mainstay of America, it doesn't matter if you agree with it or not. Under the constitution, citizens are entitled to due process. Being here in itself is not a crime. Although it seems the constitution is being twisted to serve the Gov's needs.

Yes, illegally being here is a crime.


Under Title 8 Section 1325 of the U.S. Code, "Improper Entry by Alien," any citizen of any country other than the United States who:

Enters or attempts to enter the United States at any time or place other than as designated by immigration officers; or
Eludes examination or inspection by immigration officers; or
Attempts to enter or obtains entry to the United States by a willfully false or misleading representation or the willful concealment of a material fact;
has committed a federal crime.

Violations are punishable by criminal fines and imprisonment for up to six months. Repeat offenses can bring up to two years in prison. Additional civil fines may be imposed at the discretion of immigration judges, but civil fines do not negate the criminal sanctions or nature of the offense.

Illegal aliens can appeal deportation, but that is about all.

Answer 4

Due process and the presumption of innocence are alive and well. They aply to individuals. It's guilt, not the crime itself that is not presumed. In fact, you have to show a crime has been committed to even initiate prosecution.

There's no question that there are millions of illegal aliens in America, that's millions of criminals. It's not violating any individual's right to due process to state that obvious and incontrovertable fact.

Answer 5

you have blended 3 poor events. while our human beings do some thing heinous they're held in charge it rather is a powerful element. the priority is squaddies at the instant are not paid properly adequate to locate the money for an lawyer. No due technique for the midsection classification. Imprisoning some hundred men without reason is without doubt certainly one of the 30 quotes against President Bush. u.s. has in no way executed something so shameful and we at the instant are not likely to enable him get away with it. we wish the international to correctly known we can carry Bush in charge for this and all in touch. it rather is evidence adequate for me that the media did not declare the crimes of those imprisoned men. Or the international would have rejoiced on the capture and imprisonment given the information of the crimes they committed. the international will now have fun while the criminal at the back of this imprisonment of harmless human beings is at the back of bars. u.s. dropped fifty 5,000 bomb with an appropriate 30 human beings according to bomb kill ratio perfect(civilians) throughout the 1st one hundred days of what seems to be a thoroughly unarmed inhabitants and in a considerable capital of yet another u . s .. Their has been no person to grant resistance. under the circumstances each midsection classification American stands the possibility of imprisonment because of the fact the midsection classification of yankee can not locate the money for representation.

Answer 6

Illegal aliens get due process. They are detained, arrested, are given a deportation hearing, and either stay or are deported based on the findings of that hearing.
That's the way the law is written. It has been upheld by SCOTUS, and it IS due process in this type of proceeding

Anchor babies make themselves legal when they are born on U.S. soil. They do Not make their parents legal by familial association.

Answer 7

Are you trying to imply that someone in the US is not getting due process? Because you didn't actually get to who specifically you were talking about?

I think you are trying to say that illegal aliens do not get due process. That simply isn't true. Sorry. Unless you can prove otherwise with, oh, I don't know, some facts? Maybe a reference or two? That might be helpful.

Otherwise, cut it out.
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You're making the ASSUMPTION that every one else is making ASSUMPTIONS. And then you're getting mad about the assumptions you've imagined they made. Do you see how ridiculous that is?

You are Projecting. Not everyone is as racist as you are, Joe. Sorry.

Answer 8

Due process is a thing of the past in the police state.

Answer 9

Are you kidding - they are flooding our courts - while you pay for their interpreters! Perhaps they can live with you in the meantime.

Answer 10

The Consititution is for AMERICAN CITIZENS, not EVERYONE as you have pointed out.