31–40 of 162 posts
Due process under the US Constitution protects everyone in the US, not just US citizens.
You can be detained and deported without first seeing a judge.
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Where did it say he arrived illegally? Sounds like he’s awaiting Adjustment of Status based on family ties from getting married but doesn’t say what his status was before
I agree that it doesn't say that in the article, but on the other hand, he admits having been here for 20 years. That definitely implies that he is here illegally and knew it. He likely would get denied a green card as a result of that choice. As much as I loathe everything about how ICE is conducting their activities these days, this case does not seem like a good candidate for sympathy, it does not look like injust…
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This Irish man would probably prefer to be removed from the property (country), instead of being indefinitely detained waiting for a trial whose outcome is already known. The 6th Amendment of the US contains a right to a speedy trial. Otherwise, every arrest can become a life sentence if no trial is ever held.
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Due process under the US Constitution protects everyone in the US, not just US citizens.
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@rayiner Do you understand that justifying his 5 month detention without due process means you are justifying your own 5 month detention without due process?
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> But U.S. law prohibits illegal immigrants from getting a green card Your link and quote does not support this specific claim. The law linked is about naturalization and not about being granted permanent resident status.
Due process under the US Constitution protects everyone in the US, not just US citizens.
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Also: a nation is not a private residence. That's an analogy that irritates me when I see it.
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The correct approach to do this is the K-1 visa. Anything else is a loophole or fraud. This guy thought he could lie and defraud his way to a visa without doing it properly. Another alternative is the CR-1 visa, also a legitimate pathway. The New York Times attempted to cover this scheme a few months ago but when you look into all the cases they all involve lying to the government or outright fraud, for example one c…
You're making a lot of assumptions here that are not supported by the article. In any case, if his application is not valid, they can deny his green card application. Why throw him in a detention center for months instead of going through the process? Is he a flight risk? Where would he go?
There is no U.S. visa which allows 20 year stays with no work authorization. Doesn't exist. So he entered illegally.
>Why throw him in a detention center
Because he committed immigration fraud? Overstaying means you lied to CBP. Entering illegally is a crime, too.
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> The man concedes he came to the U.S. illegally. Not according to the article? > "And I did, I complied with everything they said. They asked me if I had a Green Card, I said I didn't, I said I was married to a citizen and that I had a marriage-based petition in place and I was just about to receive my Green Card and that I had a work permit to be here and work." > He said he had received the work permit about "a mo…
You are completely incorrect. An Employment Authorization Document, which he is referring to, does not imply or confer ANY immigration status.