Earlier quoted context omitted.
detaining for 10 days is nonsense. Just deny entry and send them back.
Back to where? They were detained at the US land border after Canada denied them entry as well.
The country on their passport.
British tourist detained by US authorities for 10 days over visa issue
221–230 of 257 posts
Re: British tourist detained by US authorities for 10 days over visa issue
#222Earlier quoted context omitted.
>No, the proposal is to treat all such cases equivalently, regardless of national origin. Your description of "a girl that loved the US, misinterpreted or misunderstood something and is staying a little longer, spending more money and having good experiences" might not have any explicit racial/ethnic element, but it's pretty obvious you're selecting for a certain demographic when you're using criteria like that. Or a…
> "a girl that loved the US, misinterpreted or misunderstood something and is staying a little longer, spending more money and having good experiences" You seem to be replying to the wrong comment. I never said anything remotely like that.
Yeah was meant for the other guy
Re: British tourist detained by US authorities for 10 days over visa issue
#223The US has always been a scary place to cross the border. I'm a Brit and have been to 50+ countries and the US is the only one that seems like it's trying to find a reason to arrest you. The others generally don't give problems or possibly just refuse entry and you have to go back. The other thing that puzzles me about the US is they give basically law abiding travellers all sorts of grief while at the same time lett…
The US doesn't just let people wander in. The US-Mexico border is incredibly militarized, with multiple lines of checkpoints on either side and a massive amount of technology and manpower to support patrolling the desert between ports. It's closer to a conflict border than it is to a typical international border.
Well maybe not but I was watching in mild amazement a bunch of Chinese cross the border in a 60 minutes segment. It's more hurry over through a gap than wander. https://youtu.be/M7TNP2OTY2g?t=38
I was thinking the odd nature of US immigration is probably down to it being more legalistic than other countries - more lawyers and courts. That could account for both the hard time with legal visitors and also the Mexican border in that the people in that video I think were relying on legal protections for asylum seekers and the like.
Re: British tourist detained by US authorities for 10 days over visa issue
#224Earlier quoted context omitted.
> The problem with any immigration service in the world is that they are dealing with non-citizens which lack most protections citizenship would have given them No, this is specifically a problem with the US if they withhold many those rights to non citizens. In developed countries existing as a person gives you those rights, not citizenship.
The US does not recognize non-immigrant (tourist/student/some work visas) aliens to be people, thus they don't have all the rights the people have like bearing arms (which is ascribed to people like the 4th amendment does, unlike elsewhere where sometimes citizens is used).
Just a note, but it is “the people” and not just people, since there is a difference.
Re: British tourist detained by US authorities for 10 days over visa issue
#225Earlier quoted context omitted.
The US does not recognize non-immigrant (tourist/student/some work visas) aliens to be people, thus they don't have all the rights the people have like bearing arms (which is ascribed to people like the 4th amendment does, unlike elsewhere where sometimes citizens is used).
Just a note, but it is “the people” and not just people, since there is a difference.
Again it uses 'the people' in the 4th amendment though, which is usually argued as applying generally to people without a difference. Based on wording 2A and 4A applies to tourists, or neither do.
Re: British tourist detained by US authorities for 10 days over visa issue
#226Earlier quoted context omitted.
I assume it has to do with a federal law that grants immigration agents broad searches and inspections and technically the Fourth Amendment does not fully apply as long as they are within 100 miles of the border or in the functional equivalent of a border (like an airport). The ACLU has a summary page about this.[1] [1]: https://www.aclu.org/documents/constitution-100-mile-border-...
I wouldn't think that would extend to threats like a cavity search and flagging their passport.
Lady named Cervantes had doctors warrantlessly finger raping her and lost due to jurisdiction fuck fuck games ( i also talked to her lawyer). Happen all the time, CBP lost once iirc in new mexico and letters were sent and thenn promptly ignored. CBP bragged to me about it. They also bragged about flagging trans people claiming their surgical dong was drugs and sending them for exam to fuck with them.
It's not just about security, they admitted they fuck with innocent people just for enjoyment. They cannot be stopped as the courts don't really see them as beholden to the Constitution, it's a huge legal hole and the officers have a crystal clear understanding of this.
This is also why when they needed an unbeholden army to send to Portland to pick up protesters in unmarked vans, they used CBP.
https://holdcbpaccountable.org/2016/08/09/cervantes-v-united...
Re: British tourist detained by US authorities for 10 days over visa issue
#227Earlier quoted context omitted.
My point is that it’s a low level of illegality that does not deserve a week or two in jail. We have the concept of proportionate punishment. You don’t go to jail for jaywalking. You do go to jail for grand theft. The legislature has decided that most immigration offenses are more like jaywalking. Such offenses should not result in being locked up for days. If you have a hard time finding sympathy for someone who mad…
Visa violations are mala prohibata offenses. I've found it nearly impossible to convince someone who believes such offenses should be overlooked that they shouldn't, or the other way around, because it cuts to the very core of our beliefs. You'll never change someone's mind on this unless you reshape their whole value system.
I’m not even trying to convince anyone they should be overlooked. I’m fine with deporting this person.
Re: British tourist detained by US authorities for 10 days over visa issue
#228Earlier quoted context omitted.
This is about the same level of lawbreaking as slightly exceeding the speed limit. I have no problem with removing them. Jailing them for days first is ridiculous. Imagine if you got pulled over for speeding and they stuck you in jail for days until they could be bothered to find you a ride home.
It’s normal for detention in such scenarios to take months in both the US and Germany. Since about 2001, it has been limited in the US to 180 days. In Germany, detention is reviewed every six months, and some people are granted exceptional leave to remain, but it is not capped. Immigration offenses are much more severe than an administrative penalty for speeding. Largely, no one debates that.
They keep people locked up for six months before sending them home?
Re: British tourist detained by US authorities for 10 days over visa issue
#229Earlier quoted context omitted.
My point is that it’s a low level of illegality that does not deserve a week or two in jail. We have the concept of proportionate punishment. You don’t go to jail for jaywalking. You do go to jail for grand theft. The legislature has decided that most immigration offenses are more like jaywalking. Such offenses should not result in being locked up for days. If you have a hard time finding sympathy for someone who mad…
She entered the country and knowingly violated the terms of entry. She did so knowing the country was being taken over by the most vocal anti-immigration administration in generations. I feel bad for her, but not _that_ bad. Again, when I'm traveling in a foreign country, I make it a point know the laws and not break them. Her entire trip was predicated on violating US law so...
I violate US law on daily basis. If you live here, you probably do too.
Re: British tourist detained by US authorities for 10 days over visa issue
#230Earlier quoted context omitted.
> Putting this girl in prison and a jumpsuit is ridiculous. Should they have put her on house arrest in a hotel room? She doesn't deserve special privileges. A huge swath of the US population would be adamantly against her being treated special.
Do you know that mixed race marriage did not gain majority support in the USA until 1995? Sometimes it is right to not give a fuck about what "a huge swath of the US population thinks". And in this case, it's not about "special priviledges", it's about the ridiculousness of this process being applied to anyone in her circumstances.
What people say on polls and reality are very different. Most people in all countries don't support mixed race marriage.