C_Clayton_Jones
Diamond Member
‘Trump has pressed for quickly deporting hundreds of Venezuelan and Salvadoran men who are said to belong to a foreign crime gang.
Those deportations have been challenged as illegal — and last week, blocked by the Supreme Court — if the detained men are not given a hearing to argue they are not gang members.
But Trump's deportations are unusual and may face a legal challenge for a different reason. Most of the deported men will not be sent back to their home country but instead to a maximum security prison in El Salvador where they can be held indefinitely.
Sending someone to prison "constitutes punishment," says UCLA law professor Ahilan Arulanantham. Before imprisoning people, including noncitizens, the government is required under the Constitution to charge the defendants with a crime and to prove their guilt in a jury trial, he said.’
www.yahoo.com
It is a fact of law settled, accepted, and beyond dispute – immigrants must be afforded comprehensive due process to challenge government allegations of ‘gang membership.’
And subjecting immigrants to imprisonment constitutes criminal prosecution, where those accused must be found guilty of a crime in a jury trial.
Trump's immigration policy is illegal and un-Constitutional.
Those deportations have been challenged as illegal — and last week, blocked by the Supreme Court — if the detained men are not given a hearing to argue they are not gang members.
But Trump's deportations are unusual and may face a legal challenge for a different reason. Most of the deported men will not be sent back to their home country but instead to a maximum security prison in El Salvador where they can be held indefinitely.
Sending someone to prison "constitutes punishment," says UCLA law professor Ahilan Arulanantham. Before imprisoning people, including noncitizens, the government is required under the Constitution to charge the defendants with a crime and to prove their guilt in a jury trial, he said.’
Trump's deportations may face challenge as prison punishment without a trial
Under U.S. law, noncitizens may be detained and deported, but they can't be punished and imprisoned without a trial.
It is a fact of law settled, accepted, and beyond dispute – immigrants must be afforded comprehensive due process to challenge government allegations of ‘gang membership.’
And subjecting immigrants to imprisonment constitutes criminal prosecution, where those accused must be found guilty of a crime in a jury trial.
Trump's immigration policy is illegal and un-Constitutional.
