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Irish man detained by ICE for 5 months

rte.ie

61–70 of 162 posts

Re: Irish man detained by ICE for 5 months

#62
post #31
post #8

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

Actually, thanks to the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 that's not exactly true anymore. You can be detained and deported without first seeing a judge.

A law cannot overturn the Constitution, you need an Amendment for that. In principle, anyway. If you have a Supreme Court that abdicates its duties then you can do whatever you want, at the cost of legitimacy.

Re: Irish man detained by ICE for 5 months

#63
post #49

Earlier quoted context omitted.

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?

> move to a place she probably can’t reside legally

Are you suggesting that Ireland is even more strict on immigration than the US is?

Re: Irish man detained by ICE for 5 months

#64

[flagged]

Why is it understandable that ICE goes after people from developing countries? That being said, I don't know how ICE is allowed to detain anyone for months and move them around so they're hard to locate. Sounds extremely illegal and unconstitutional. Don't know why anyone supports this BS. Really makes me feel sad for my country.

I think the implication is that people from third-world countries want what the US has so they're likely to take more risks to come to/stay in the US, whereas visitors from other western countries are less likely to stay because they have less to gain and more to lose if they're caught.

It comes across as pretty racist the way they said it, but a charitable interpretation does make sense despite that.

Re: Irish man detained by ICE for 5 months

#65
post #9

Increasingly this seems like a scam intended to re-route my tax dollars into the private prison corporations that donate to the Trump campaign. What purpose other purpose could this possibly serve?

[flagged]

There's no such thing as "coming to the US illegally" if you cross at a border checkpoint with a valid stamp or visa. There are only visa or stamp overstays, which is a civil matter. Your analogy to Australia is specious because the vast majority of people being rounded up and detained came here legally on a visa, and then stopped meeting the requirements of that visa. Australia's law is specific to people who bypassed our border checkpoints, since you would have needed a visa or a stamp to get through in the first place.

It is a matter of your opinion whether court proceedings are "frivolous." We have a common law system here in the US which allows a judge some latitude in their decisionmaking, up to and including issuing a ruling contrary to established precedent when the precedent doesn't make any sense in the specific situation we're in. If we want to continue having trials, we have to allow even trials which we consider cut and dried so that the truth may be examined and an informed judgement rendered. This is the heart of our civilization and if you throw that away then you will see how brutal things can get without our system.

Re: Irish man detained by ICE for 5 months

#66
post #31

Earlier quoted context omitted.

Actually, thanks to the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 that's not exactly true anymore. You can be detained and deported without first seeing a judge.

A law cannot overturn the Constitution, you need an Amendment for that. In principle, anyway. If you have a Supreme Court that abdicates its duties then you can do whatever you want, at the cost of legitimacy.

According to Congress and blessed by Supreme Court, immigration law is civil, not criminal and therefore all criminal due process law does not apply.

It's been that way for over 40 years so yes, according to Congress/SCOTUS, this is legal.

Re: Irish man detained by ICE for 5 months

#67
post #27
post #10

Earlier quoted context omitted.

[flagged]

The Sixth Amendment guarantees the right to a speedy, public trial in criminal prosecutions, protecting defendants from excessive, prejudicial delays between indictment or arrest and trial.

Sure but the courts have ruled that a "speedy trial" can take years (I don't agree with this, it's just what the courts have decided). Additionally if you're not a US citizen you don't necessarily have all the same rights as a citizen, and your case is processed in civil court. Anyone can be detained, and a good judge won't release illegal immigrants from detention since they're just not going to return to court until after their hearing.

Re: Irish man detained by ICE for 5 months

#68
post #25

Earlier quoted context omitted.

> 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…

It's in the legal filings: https://www.universalhub.com/files/attachments/2026/culleton... "Culleton concedes he is removable under the VWP. Reply 10." He came to the U.S. under the Visa Waiver Program, which is limited to 90 days, back in 2009.

And yet neither has he been removed nor has he been granted access to a trial.

I also like these parts:

> Culleton testified that he did not sign the Notice nor did he write “I’m married to a citizen and have a work permit” on it.

> Secore testified that he remembered serving the Notice on Culleton, but not watching Culleton sign it.

> Secore also testified that the paperwork was riddled with mistaken dates because of the way ICE’s computer system operates.

> Secore testified that he should have caught those errors when processing the paperwork, but that he “missed” them.

Re: Irish man detained by ICE for 5 months

#69
post #50
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 gra…

The statute is exceedingly clear. Subsection (a) first says: "An alien present in the United States who has not been admitted or who arrives in the United States (whether or not at a designated port of arrival and including an alien who is brought to the United States after having been interdicted in international or United States waters) shall be deemed for purposes of this chapter an applicant for admission."

Subsection (b)(2)(A) then says: "Subject to subparagraphs (B) and (C), in the case of an alien who is an applicant for admission, if the examining immigration officer determines that an alien seeking admission is not clearly and beyond a doubt entitled to be admitted, the alien shall be detained for a proceeding under section 1229a of this title."

Re: Irish man detained by ICE for 5 months

#70
post #59

Earlier quoted context omitted.

Oh no, immigrants! What a terrible issue. Let’s worry about that rather than the problems created by wealthy people who are citizens of this country. Every person who cares deeply about immigration unknowingly signals that their priorities are bullshit.

Immigrants are a problem created by wealthy people with the intention of dumping the cost of labour.

You could control the price of labor far more directly by increasing the minimum wage instead of this system of cruelty people are building.
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