5th Circuit Says Due Process Rights For Immigrants No Longer Exist In Its Jurisdiction

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5th Circuit Says Due Process Rights For Immigrants No Longer Exist In Its Jurisdiction
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30 Comments

If due process rights don’t exist for immigrants, then they don’t exist for anyone. How can you show you’re not an immigrant without due process?

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147

That’s the neat part! It’s the feature of just removing people you don’t like from the country. Oh you and your family have lived here for generations? Well you didn’t vote for me, so enjoy Nigeria.

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37

How can you show you’re not an immigrant without due process?

There’s an App for that!

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9


These shitbags need to be impeached and removed.

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87

A little deportation without due process might be in order as well.

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43

I initially read that as “decapitation”… and I might have liked it better that way.

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15

Deport their head from their shoulders

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10

it’s times like these we ought to remember the name Robert-François Damiens

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1


Deported straight to the wood chipper.

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3


They need to be hanged, drawn, and quartered as an example to future shitbags should they get any funny ideas.

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11


No person shall…be deprived of life, liberty, or property, without due process of law.

-5th Amendment

It doesn’t say no citizen. It says no person. So, if Due Process doesn’t apply to them, are they no longer people? Isn’t this basically one of the steps that led into the holocaust? They stripped the Jews of their citizenship, deprived them of personhood, then exterminated them.

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67

Amendment XIV
Section 1. [emphasis added]

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

it seems if they had to state it twice it was both a problem and important. fuck that it’s a problem again. Also to echo your sentiment, person not citizen.

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17

That clause is basically what incorporates the bill of rights to apply against the states. Before that Amendment, the BoR just applied against the federal government. To this day there hasn’t been official recognition by the judiciary to apply the some of the BoR against the states (3rd Amendment, the dollar requirement from the 7th, and the like).

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“But if they are a criminal…”

And there it goes. Enough people have no issues whatsoever involving their morals or borrowing a rapist/felons morality and making a case in their head where they are right and the Constitution is wrong. You can go and talk to 100 people and enough are afraid of the bogeyman to cave on constitutional rights.

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And that is very much intentional. Due process cannot be denied to anyone or else it effectively applies to no one because they can just identify you as someone who it does not apply to and without due process you cannot prove otherwise.

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Really just shows what George Carlin said for a long time, there’s no such thing as “rights”. They’re temporary privileges that can be revoked whenever convenient.

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52

That’s a dumb take. Rights are intrinsic to all people, they can’t be taken away, even if they are violated. Everybody experiences various levels of human rights violations, but nobody has fewer rights because of the crimes commited against them.

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Who gave you your rights? Unless you think God did it or nature somehow, rights are a man made construct

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So what they are saying is that “their jurisdiction” is above the constitution. Hopefully you’re as pissed as you should be

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25

Here’s a reminder that packing the 5th circuit court of appeals with batshit conservative judges was a key step in the Southern Strategy. There’s also a county in Texas that only has enough of a population for two judges, and they made sure both of those are also batshit conservative. So any time they want to get a batshit conservative ruling, they just file it in that one specific county in Texas. And then Texas appeals go to the 5th circuit. And any circuit rulings are applied nationally (due to lower courts using precedent to set cases) unless it goes all the way to the SCOTUS. And with the current SCOTUS, they can simply refuse to see the case, and the 5th circuit ruling will stand.

Lots of times, the court cases are obviously staged. There have been cases where a plaintiff didn’t even realize they were named in a case that ruled for/against them, because the PAC that actually filed the case simply used their name to be able to file it in that county.

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11

As an outsider, all of this seems like a system that is both corrupt and badly designed.

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if anyone does not get due process then no one does. The whole point of due process is not allowing law enforcement to be judge, jury, and executioner. Its one of the most important parts of the bill of rights.

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9

Republicans clearly think it’s fine to summarily execute those who “don’t comply”

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2

and this goes further into due process. when its ignored with something like a police shooting as far as investigation its equally problematic although unfortunately we don’t have an amendment to deal with that side.

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3



I’m just in a constant state of outrage at this point

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3


And then they came for the…which line is second to last again?

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14

First they came for the Communists

And I did not speak out

Because I was not a Communist

Then they came for the Socialists

And I did not speak out

Because I was not a Socialist

Then they came for the trade unionists

And I did not speak out

Because I was not a trade unionist

Then they came for the Jews

And I did not speak out

Because I was not a Jew

Then they came for me

And there was no one left

To speak out for me

-Martin Niemoller

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13


It doesn’t even specify illegal immigrants. They’re trying to strip all immigrants of rights, even if they’ve done nothing illegal. That’s genocide. And they want to get rid of birthright citizenship too, so even if you were born in the Untied States, you can still be branded an immigrant. Then what will the criteria be for distinguishing immigrants from citizens? Everyone is a descendent of an immigrant, except Native Americans. If you go back enough generations, even they probably came from Asia.

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11

also, i haven’t read steve’s article, cited in the techdirt one, yet, but i know steve (we met when i lived in austin) and he’s one of the best legal analysts i’ve met

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7

Oh. That’s why they’ve been flying them to Texas as soon as they can …

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