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A comment on ICE held an American man in custody for 1,273 days. He’s not the only one. Parent comment

Re:ICE held an American man in custody for 1,273 days. He’s ... by nerfhammer on Friday April 27, 2018 @09:21PM (#16945638)
That only applies to actual illegal aliens. If you are a US citizen immigration has no legal right to detain or arrest you.

"As a matter of law, ICE cannot assert its civil immigration enforcement authority to arrest and/or detain a U.S. citizen." https://www.newyorker.com/news/daily-comment/when-ice-tries-...

If my very limited understanding of this is correct, this is a perfect real-life example of a Catch-22: citizens have no right to an attorney if arrested by immigration because immigration cannot legally arrest citizens.

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Re:ICE held an American man in custody for 1,273 days. He’s ... by ComputerGuru on Friday April 27, 2018 @10:17PM (#16945760)
Right. But all they have to do is “have reason” to “doubt” your claim to be an American citizen. Or say you’re not the person you’re claiming to be, who they freely admit is an American citizen. Or claim that your citizenship is invalid because it was obtained via deception (which is now a thing).
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Re:ICE held an American man in custody for 1,273 days. He’s ... by tonyztan on Saturday April 28, 2018 @02:30PM (#16948889)
> "claim that your citizenship is invalid because it was obtained via deception"

This cannot be simply asserted by ICE. To revoke naturalized citizenship, the government must initiate denaturalization proceedings in U.S. District Court in front of an Article III judge.

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Re:ICE held an American man in custody for 1,273 days. He’s ... by gizmo686 on Friday April 27, 2018 @11:14PM (#16945890)
If my knowledge of history is correct, slaves in the US had to right to sue, unless they were sueing to claim that they were not actually slaves; since, until the court decided the suit, it was possible that they were not actually slaves, and so they had to be given the right to be heard in court.
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Re:ICE held an American man in custody for 1,273 days. He’s ... by DrScump on Saturday April 28, 2018 @02:44AM (#16946399)
"ICE cannot assert its civil immigration enforcement authority..."

But ICE also has criminal enforcement authority, where applicable.

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Re:ICE held an American man in custody for 1,273 days. He’s ... by nerfhammer on Tuesday May 01, 2018 @05:20PM (#16971772)
that's customs. customs enforcement does apply to citizens.
[ Parent | on HN ]