Can someone help me understand immigration status and deportations?

3,145 Views | 80 Replies | Last: 8 mo ago by Jack Boyette
Broseph
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My assumption:
If your immigration status is illegal (not legal to be here either because you were rejected asylum or your visa has expired or you never signed in to begin with), then you can be deported.

Is this correct?

Is the issue with the enemies act Trump is using is he's trying to send them to jail in another country? Why not just send them out of the country (no jail) if the courts are going to require individual hearings that will take years?
schmellba99
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The issue is that Trump is doing it, no other reason.

And I think he is only sending known or suspected gang members or criminals to jail, not everybody being deported is going to a prison somewhere.
Ag87H2O
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Send the worst of them to Gitmo and make them wish they were in El Salvador.
Ellis Wyatt
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schmellba99 said:

The issue is that Trump is doing it, no other reason.
Well, that and the fact that this was a concerted effort to flood the country with people who would never be removed, to include flying them here on airplanes, illegally, from their home countries.

Cloward-Piven in action.Overwhelming the system in order to break it.
GeorgiAg
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He's doing what he said he'd do. May not be following that "constitution" thingy, but he's getting it done.
Ellis Wyatt
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Do tell. How is he not following the Constitution?

Was Joe Biden "faithfully executing the laws of our country" when he was flying illegal aliens into America and shipping them all over the U.S.?
John Fisher Pessimist
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GeorgiAg said:

He's doing what he said he'd do. May not be following that "constitution" thingy, but he's getting it done.
Go ahead and elaborate. Where does the constitution mandate we welcome and keep illegal alien gang members that have deportation orders?
DallasAg 94
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The issue is that Democrats offered an App that allowed people from around the world the ability to come to America by applying for Asylum.

Whether the are eligible or not, the Biden Administration allowed them to come to America without inspection and resettled them in strategic places for voting.

The issue is Democrats are afraid they will lose votes where they believe they have gained election power. And they won't have their hearing about eligibility for 3-5 years and at that point the Democrats will claim they don't have a home to go back to.
Gator92
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GeorgiAg said:

He's doing what he said he'd do. May not be following that "constitution" thingy, but he's getting it done.


Illegal entry is cause for immediate deportation. You can't claim asylum w/o going through a port of entry. You know the law thingy?
GeorgiAg
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Ellis Wyatt said:

Do tell. How is he not following the Constitution?

Was Joe Biden "faithfully executing the laws of our country" when he was flying illegal aliens into America and shipping them all over the U.S.?
No person shall ... be deprived of life, liberty, or property, without due process of law.

Joe Biden sucked on immigration. No argument there.
Pichael Thompson
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GeorgiAg said:

He's doing what he said he'd do. May not be following that "constitution" thingy, but he's getting it done.


The constitution says we have to harbor to dangerous illegal invaders?


Im surprised the founders wrote that in
GeorgiAg
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The most horrible humans ever in existence get due process. Murderers, rapists, etc... You might try to argue that the word is "citizen" but it's not.

The alternative is you have a bureaucrat deciding on a whim who is a "citizen" or has legal status and/or is a "terrorist."
Pichael Thompson
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GeorgiAg said:

The most horrible humans ever in existence get due process. Murderers, rapists, etc... You might try to argue that the word is "citizen" but it's not.

The alternative is you have a bureaucrat deciding on a whim who is a "citizen" or has legal status and/or is a "terrorist."



100% wrong



The word is not citizen it's American



Illegals are not Americans.... they are deserved nothing
American Hardwood
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They got due process. They got caught, they were held until their status was determined, and they got deported. That's the process. Dems are trying to change the process to include lengthy court hearings to delay the results forever so their voting block of illegals isn't removed. But you know that already.
The best way to keep evil men from wielding great power is to not create great power in the first place.
Ellis Wyatt
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GeorgiAg said:

Ellis Wyatt said:

Do tell. How is he not following the Constitution?

Was Joe Biden "faithfully executing the laws of our country" when he was flying illegal aliens into America and shipping them all over the U.S.?
No person shall ... be deprived of life, liberty, or property, without due process of law.

Joe Biden sucked on immigration. No argument there.
Due process for illegal aliens is completely different than due process for a citizen. Or are you advocating grand jury trials for every single illegal the guy you voted for brought in?

That's never been "due process" before right now.
rocky the dog
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Elections are when people find out what politicians stand for, and politicians find out what people will fall for.
Slicer97
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Ellis Wyatt said:

GeorgiAg said:

Ellis Wyatt said:

Do tell. How is he not following the Constitution?

Was Joe Biden "faithfully executing the laws of our country" when he was flying illegal aliens into America and shipping them all over the U.S.?
No person shall ... be deprived of life, liberty, or property, without due process of law.

Joe Biden sucked on immigration. No argument there.
Due process for illegal aliens is completely different than due process for a citizen. Or are you advocating grand jury trials for every single illegal the guy you voted for brought in?

That's never been "due process" before right now.
The process they are due is deportation. Pretty simple really.
LMCane
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Great question and one I have as well

so the SCOTUS ruled on the "Alien and Sedition Act" or whatever..

but for DECADES illegals have been deported legally

so can't that still be done?

would love to hear from someone who actually knows about immigration law!
Broseph
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Nobody has answered by question...Is my assumption correct? If your status is illegal, you can be deported?

Then why is Trump using AEA act to remove people that are here illegally? Why not just remove them?
Broseph
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Also, how quickly are people going through the asylum process? Someone above said 3 - 5 years. Well the term of Trump is 4 years. So shouldnt the flood of people that came in 2021 or 2022 be processed by now?
GeorgiAg
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Ellis Wyatt said:

GeorgiAg said:

Ellis Wyatt said:

Do tell. How is he not following the Constitution?

Was Joe Biden "faithfully executing the laws of our country" when he was flying illegal aliens into America and shipping them all over the U.S.?
No person shall ... be deprived of life, liberty, or property, without due process of law.

Joe Biden sucked on immigration. No argument there.
Due process for illegal aliens is completely different than due process for a citizen. Or are you advocating grand jury trials for every single illegal the guy you voted for brought in?

That's never been "due process" before right now.
I am NOT in favor of any type of jury proceeding for someone accused of being here illegally. Just a judicial hearing on the record in an open court. If the process is slow, hire more judges. I can't imagine it'd take that long.

I don't like a closed-door bureaucrat making a decision with zero transparency.
Shooter McGavin
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GeorgiAg said:

Ellis Wyatt said:

GeorgiAg said:

Ellis Wyatt said:

Do tell. How is he not following the Constitution?

Was Joe Biden "faithfully executing the laws of our country" when he was flying illegal aliens into America and shipping them all over the U.S.?
No person shall ... be deprived of life, liberty, or property, without due process of law.

Joe Biden sucked on immigration. No argument there.
Due process for illegal aliens is completely different than due process for a citizen. Or are you advocating grand jury trials for every single illegal the guy you voted for brought in?

That's never been "due process" before right now.
I am NOT in favor of any type of jury proceeding for someone accused of being here illegally. Just a judicial hearing on the record in an open court. If the process is slow, hire more judges. I can't imagine it'd take that long.

I don't like a closed-door bureaucrat making a decision with zero transparency.
I think the estimate I've heard is it would take 200 years to do it that way.

Cloward-Piven is working
bmks270
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If the executive branch can issue temporary legal status with a court date, can't they also take it away?

There seems to be a huge double standard.

What "due process" was there that allowed them into the country? There wasn't any, just the executive branch policy.
93MarineHorn
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GeorgiAg said:

Ellis Wyatt said:

GeorgiAg said:

Ellis Wyatt said:

Do tell. How is he not following the Constitution?

Was Joe Biden "faithfully executing the laws of our country" when he was flying illegal aliens into America and shipping them all over the U.S.?
No person shall ... be deprived of life, liberty, or property, without due process of law.

Joe Biden sucked on immigration. No argument there.
Due process for illegal aliens is completely different than due process for a citizen. Or are you advocating grand jury trials for every single illegal the guy you voted for brought in?

That's never been "due process" before right now.
I am NOT in favor of any type of jury proceeding for someone accused of being here illegally. Just a judicial hearing on the record in an open court. If the process is slow, hire more judges. I can't imagine it'd take that long.

I don't like a closed-door bureaucrat making a decision with zero transparency.
You'll still need a judge and DEFENSE COUNSEL in your best case scenario. You're a lawyer, right? You know what it means if every illegal gets an attorney (paid by us) and how they'll slow things down to a crawl. This is not a road we should be going down. Why do you think every person that shows up at our border deserves a day in court? In reality it would be weeks in court. It's beyond pathetic.
Ellis Wyatt
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Ge I am NOT in favor of any type of jury proceeding for someone accused of being here illegally. Just a judicial hearing on the record in an open court. If the process is slow, hire more judges. I can't imagine it'd take that long. said:


I don't like a closed-door bureaucrat making a decision with zero transparency.
Biden brought in 21 million illegals. That many people can never be processed 1 by 1. Of course that is why he did it.

Nope.
Rex Racer
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GeorgiAg said:

Ellis Wyatt said:

GeorgiAg said:

Ellis Wyatt said:

Do tell. How is he not following the Constitution?

Was Joe Biden "faithfully executing the laws of our country" when he was flying illegal aliens into America and shipping them all over the U.S.?
No person shall ... be deprived of life, liberty, or property, without due process of law.

Joe Biden sucked on immigration. No argument there.
Due process for illegal aliens is completely different than due process for a citizen. Or are you advocating grand jury trials for every single illegal the guy you voted for brought in?

That's never been "due process" before right now.
I am NOT in favor of any type of jury proceeding for someone accused of being here illegally. Just a judicial hearing on the record in an open court. If the process is slow, hire more judges. I can't imagine it'd take that long.

I don't like a closed-door bureaucrat making a decision with zero transparency.
I get what you're saying, but Biden allowed somewhere between 10 and 20 million people into the country in the last 4 years. You can't give every single one of those people a court hearing. It isn't feasible.
Ellis Wyatt
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Quote:

I get what you're saying, but Biden allowed somewhere between 10 and 20 million people into the country in the last 4 years. You can't give every single one of those people a court hearing. It isn't feasible.
And has never been the process.

Street Fighter
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Broseph said:


My assumption:
If your immigration status is illegal (not legal to be here either because you were rejected asylum or your visa has expired or you never signed in to begin with), then you can be deported.

Is this correct?

Is the issue with the enemies act Trump is using is he's trying to send them to jail in another country? Why not just send them out of the country (no jail) if the courts are going to require individual hearings that will take years?
they can deport you even if you have legal status, I have personal experience. I feel no empathy for these people who cheated the system.
Bunk Moreland
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Broseph said:

Nobody has answered by question...Is my assumption correct? If your status is illegal, you can be deported?

Then why is Trump using AEA act to remove people that are here illegally? Why not just remove them?

For the ones you are speaking about, their status isn't illegal. Ellis and others conflate every thread by calling them all illegals because they don't like the decision the Biden administration made with regards to allowing them to come to the US and giving them some temporary status.

I also don't like the decision Biden made but in an effort to accurately explain the situation we're in, flaming threads with inaccurate information is not productive.

They were given some status allowing them to be here, either via asylum, or asylum and then TPS. Trump is citing the AEA as a tool to round up a lot of the worst of these people and send them out of the country by claiming they are members of gangs, murderers, rapists, etc. (and many are because ****ty countries emptied their prisons due to Biden's stupidity).

But the technicality in question is...due to their status, they are traditionally owed the ability to challenge their deportation. Trump is trying to bypass it.

That's the political fight currently playing out in the court of public opinion as well as district and supreme. And I think ultimately Trump will win.

Broseph
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Thank you.

So two groups of people:
1.If your status is illegal (not under Biden's temporary status or if your asylum case has been heard and you are ordered to leave), you can be deported correct?
2. If you are under Biden's temp status, you cannot be deported unless you have a hearing, correct?

Just trying to get my head wrapped around this.

Bunk Moreland
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I believe that's correct yes. #2 might have some caveats of course...you commit heinous crimes here while under the status, etc. Not fully sure on that. But any person who entered the country illegally and remained an illegal alien can be deported without citing some old act.

Also, if you came here legally and overstay your visa, that is a different bucket as that's not a crime. But these bad hombres (along with many good people) all came in under the ridiculous Biden asylum stuff, not with legal travel visas.
Ellis Wyatt
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Ok. They're illegals that Biden's handlers made up a program to accommodate. They were literally stealing money from FEMA and the needs for Americans to pay for this.

Their status as granted by Biden was illegitimate, and they are illegals. Call them what you wish.
TA-OP
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The problem is federal law needs to be reworked. Currently, only certain illegal immigrants are eligible for an expedited deportation not requiring a formal hearing. The criteria for being eligible for expedited removal are:

Recent illegal border crossers who are apprehended within 100 miles from the border within two weeks of entry who lack valid entry paperwork.

Certain visa violators who misrepresent material facts or lack the proper entry documents.

Note that if an illegal crosser requests asylum, they must be referred for an interview with an asylum officer.

Otherwise, federal law requires a court hearing. Visa revocation or overstay requires a hearing. Denied asylum seekers require a hearing. Illegal entrants not eligible for expedited removal require a hearing.

So as much as President Trump wants to hasten the process, federal law must change and that's up to Congress to get off their butts.
Bunk Moreland
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Quote:

Their status as granted by Biden was illegitimate, and they are illegals. Call them what you wish.

This was never successfully challenged and no court has said it was illegitimate. Again, just because you or I want things to be true does not make it so.
Bunk Moreland
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TA-OP said:

The problem is federal law needs to be reworked. Currently, only certain illegal immigrants are eligible for an expedited deportation not requiring a formal hearing. The criteria for being eligible for expedited removal are:

Recent illegal border crossers who are apprehended within 100 miles from the border within two weeks of entry who lack valid entry paperwork.

Certain visa violators who misrepresent material facts or lack the proper entry documents.

Note that if an illegal crosser requests asylum, they must be referred for an interview with an asylum officer.

Otherwise, federal law requires a court hearing. Visa revocation or overstay requires a hearing. Denied asylum seekers require a hearing. Illegal entrants not eligible for expedited removal require a hearing.

So as much as President Trump wants to hasten the process, federal law must change and that's up to Congress to get off their butts.

Great post. We have to completely re-vamp our immigration system for many reasons. But that takes our elected officials doing their jobs.
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