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Irish man detained by ICE for 5 months

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Re: Irish man detained by ICE for 5 months

#41

Post by drecked »

rayiner wrote: post #10
ghouse wrote: post #8

Due process under the US Constitution protects everyone in the US, not just US citizens.

[flagged]

Do they also lock you up on the property for 5 months while they figure out how to remove you from the property?

People’s inability to comprehend the need for basic legal rights like Habeas Corpus is incredible. We literally have leaders who don’t know what that means and when challenged on it, don’t even bother to look it up and remain uninformed when asked months later.

And fools defend them.

Re: Irish man detained by ICE for 5 months

#42

Post by VBprogrammer »

rootusrootus wrote: post #33
jerlam wrote: post #30

Earlier quoted context omitted.

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.

The article says he refused to sign the deportation paperwork, does that not mean that his continued detention is a choice under his control? He could agree to return to Ireland and they would put him on a plane.

Before we even get into the complete lack of morality in forcefully separating a married couple, removing him from his home and his business; you might want to check what happens to people who do agree to be deported. Plenty of examples where this has not at all been as painless as you are implying.

Re: Irish man detained by ICE for 5 months

#44

Post by Terr_ »

rootusrootus wrote: post #33
jerlam wrote: post #30

Earlier quoted context omitted.

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.

The article says he refused to sign the deportation paperwork, does that not mean that his continued detention is a choice under his control? He could agree to return to Ireland and they would put him on a plane.

Compare: "The man refused to sign confession-papers, so that means his continued imprisonment is actually a choice under his control. He could simply confess to jaywalking, and they'd rip him away from his family and life and exile him to the streets of another country within a mere day or two. No problem."

Abject surrender in the face of threats/violence is always, technically, a fast resolution to anything, but it's not the kind of thing we (or the framers of the Constitution) wanted to optimize for.

Re: Irish man detained by ICE for 5 months

#45

Post by rayiner »

sa-code wrote: post #35
rayiner wrote: post #10

Earlier quoted context omitted.

[flagged]

Not sure if this is intentional ragebait @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?

He is getting due process. He admitted to a federal court that he came to the US in 2009 under a Visa Waiver Program, which is limited to 90 days: https://www.universalhub.com/files/attachments/2026/culleton... ("Culleton concedes he is removable under the VWP. Reply 10.").

By contrast, I'm a naturalized citizen. My dad came here on a valid H visa because he's an expert in public health and a U.S. company wanted to hire someone with his qualifications.

Re: Irish man detained by ICE for 5 months

#46

Post by nyeah »

rootusrootus wrote: post #33
jerlam wrote: post #30

Earlier quoted context omitted.

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.

The article says he refused to sign the deportation paperwork, does that not mean that his continued detention is a choice under his control? He could agree to return to Ireland and they would put him on a plane.

If he were here illegally, they wouldn't need him to agree to be deported.

Re: Irish man detained by ICE for 5 months

#47

Post by goatlover »

0xy wrote: post #38
Thrymr wrote: post #23

Earlier quoted context omitted.

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?

I did not assume anything. He specifically mentions he was able to work because of an EAD associated with his I-485 Adjustment of Status application, which is the only possible pathway to green card after marriage to a USC. 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? Ov…

So is smoking weed according the US federal government. Whether there is an actual harm being caused that should result in detainment is another matter. I'd argue ripping people away from their lives is a greater harm (via deportation or imprisonment).

Re: Irish man detained by ICE for 5 months

#48

Post by drecked »

rootusrootus wrote: post #33
jerlam wrote: post #30

Earlier quoted context omitted.

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.

The article says he refused to sign the deportation paperwork, does that not mean that his continued detention is a choice under his control? He could agree to return to Ireland and they would put him on a plane.

So apparently you get one chance to sign documents while you are being forcibly detained with no access to legal representation.

Lol.

Yeah, that sounds like a great way to run a country.

Re: Irish man detained by ICE for 5 months

#49

Post by zzrrt »

rootusrootus wrote: post #33
jerlam wrote: post #30

Earlier quoted context omitted.

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.

The article says he refused to sign the deportation paperwork, does that not mean that his continued detention is a choice under his control? He could agree to return to Ireland and they would put him on a plane.

Yes, he should definitely choose to ditch his US citizen wife and move to a place she probably can’t reside or work legally. /s If the government kept you in a tent camp and said you could just sign some papers and be free to leave without your family, would you?

Re: Irish man detained by ICE for 5 months

#50

Post by phonon »

ghouse wrote: post #8

Due process under the US Constitution protects everyone in the US, not just US citizens.

Not according to the 5th Circuit, sadly....

"The majority stakes the largest detention initiative in American history on the possibility that ‘seeking admission’ is like being an ‘applicant for admission,’ in a statute that has never been applied in this way, based on little more than an apparent conviction that Congress must have wanted these noncitizens detained — some of them the spouses, mothers, fathers, and grandparents of American citizens,” she added. “Straining at a gnat, the majority swallows a camel.”

https://www.courthousenews.com/fifth-circuit-upholds-trump-a...

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