Tyler, the Portly Politico on Trump Won: “America is back, baby!” Nov 6, 18:29
The Process They’re Due
Democrats are all up in arms over criminal illegals being deported without “Due Process.” However, it’s quite easily arguable under jurisprudence that no illegal alien is due Due Process when and if the “punishment” is deportation. Deportation is neither, legally speaking, a civil nor a criminal punishment. It is simply removing them from where they’re not entitled to be and returning them to the proper place.
No Punishment, No Due Process
Under 8 U.S. Code § 1325, these invaders could be fined up to $250 or imprisoned not more than 6 months, or both, and, for a subsequent commission of any such offense, be fined up to $500, or imprisoned not more than 2 years, or both. Both the fines and imprisonment, however, are provided for under Title 18, which is the overarching Crimes and Criminal Procedures statute in US law. That would invoke the constitutional requirement for Due Process. However, simple deportation is arguably an “intervention” that precludes Title 18 completely and, therefore, is not subject to Due Process, it not legally being a civil or criminal proceeding.
So yes! Illegal Aliens should be given the process they’re actually due and not one jot or iota more. 😉
Tags: America | Democrats | Deportation | Due Process | Illegal Aliens | Illegal Immigrants | Illegal Immigration | Illegals | Invaders | Judicial Activism | Judicial Insurrection | Judicial Misconduct | Law | Politics
