Part of the reason they’re going after non-citizens is because the question of whether non-citizens have the same constitutional rights as citizens is complicated under US law.
It shouldn’t be* complicated. Non-citizens and literally all “persons” are entitled to every constitutional right. I’m not even American and I know that.
I would tend to agree that it kind of contradicts the whole “all men are created equal” thing if you decide that US citizens are worthy of certain human rights but non-citizens aren’t. In fact referring to them as “inalienable” means that they have those rights whether the government recognizes them or not. But I’m also not a lawyer.
Correct. The issue, of course, is that without due process, anyone can be accused of being here illegally and deported if you can’t get time in front of a judge to show documents and prove your case.
This is why citizens and non-citizens are paired up in regards to that law.
I get the impression that they’ve put up so many weird bureaucratic gotchas around it that they make it hard to assert your right to a speedy trial without jeopardizing your own defense at the same time. So everybody ends up “voluntarily waiving” it instead and then the State can take as long as it wants.
Americans should be able because the constitution guarantees a fair and speedy trial, however, that hasn’t been applied in decades. i would love to know how long is too long in your country, if you have a news article available
In my country, a person can sue for release if the trial is taking too long. Can’t people in America ?
Yes but it almost never does anything
Part of the reason they’re going after non-citizens is because the question of whether non-citizens have the same constitutional rights as citizens is complicated under US law.
It shouldn’t be* complicated. Non-citizens and literally all “persons” are entitled to every constitutional right. I’m not even American and I know that.
EDIT: It shouldn’t be, but it is
I would tend to agree that it kind of contradicts the whole “all men are created equal” thing if you decide that US citizens are worthy of certain human rights but non-citizens aren’t. In fact referring to them as “inalienable” means that they have those rights whether the government recognizes them or not. But I’m also not a lawyer.
Correct. The issue, of course, is that without due process, anyone can be accused of being here illegally and deported if you can’t get time in front of a judge to show documents and prove your case.
This is why citizens and non-citizens are paired up in regards to that law.
It’s a catch 22 otherwise.
Yeah I only know this from some legal eagle stuff, IANAL
I get the impression that they’ve put up so many weird bureaucratic gotchas around it that they make it hard to assert your right to a speedy trial without jeopardizing your own defense at the same time. So everybody ends up “voluntarily waiving” it instead and then the State can take as long as it wants.
Americans should be able because the constitution guarantees a fair and speedy trial, however, that hasn’t been applied in decades. i would love to know how long is too long in your country, if you have a news article available