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Originally Posted by KirStang
It's funny because I'm writing on that subject right now. Do you know that Miranda warnings and unreasonable search and seizure don't apply absent egregious circumstances? see Lopez-Mendoza; Navia-Duran v. INS. The rationale being that deportation is a 'civil administrative proceeding' and not criminal as you expect. Funny, because most defendants in civil cases aren't locked up and shipped around the country like cattle.
Nonetheless, due process in the immigration sense encompasses agencies following their own regulations, which, may or may not be in step with the constitution's requirement of due process.
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I agree with you in terms of all Constitutional "due process" rights.
Poor choice of words on my part, but are not illegal immigrants facing deportation guaranteed certain rights....even after enactment of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 that made deportation easier?
The right to to a hearing before an administrative judge. The right to representation (but not paid by govt). The right to be presented with proof of the cause for deportation. The right to an interpreter (for non-English speaking) immigrants, the right to a "speedy" hearing (or at least not to be held indefinitely).....
And the question still remains to those who want to "round them up and throw them out".....how would you accomplish that w/o violating these rights?
---------- Post added at 08:53 AM ---------- Previous post was at 08:29 AM ----------
Interesting report published last week on the impact of providing a path to citizenship for the 12+ million illegal immigrants:
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This report finds that legalizing most currently unauthorized immigrants would not lead to dramatic changes in the labor market, either for unauthorized immigrants or for native workers. We also find little evidence to support the view that such a step would have significant effects on the broader economy, particularly on tax revenues or public assistance programs.
Immigrant Legalization: Assessing the Labor Market Effects
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If you thought the health reform debate was divisive and loaded with fear mongering, wait for the upcoming immigration reform debate in Congress.