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Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by afavour on Saturday April 26, 2025 @10:25AM (#43803903)
Difficult to describe them as choosing to do anything:

> ICE held the families incommunicado, refusing or failing to respond to multiple attempts by attorneys and family members to contact them. In one instance, a mother was granted less than one minute on the phone before the call was abruptly terminated when her spouse tried to provide legal counsel’s phone number.

What would they do, leave their child in an ICE facility and hope that somehow word gets back to family to go get them?

Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by gpm on Saturday April 26, 2025 @11:10AM (#43804297)
They would transfer custody to an individual who was allowed to remain in the US. This had been organized in the case of at least one of the US citizens deported (expelled?) here.
Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by Volundr on Saturday April 26, 2025 @11:20AM (#43804380)
How do you arrange this when not allowed to speak with anyone?
Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by gpm on Saturday April 26, 2025 @11:24AM (#43804415)
The mother and child were in custody, the father was not, and was prompt in acquiring legal counsel, arranging this, and suing, leading to exceptionally clear circumstances in this case. This is the docket for the lawsuit: https://www.courtlistener.com/docket/69940863/v-m-l-v-harper...

The mother was also technically able to speak with the father, though monitored, for less than a minute, and they were interrupted when the father attempted to give a number for the attorney to the mother.

To be clear, I'm not defending any of ICEs actions here, I'm saying that they kidnapped this child who had arrangements made to remain in the US despite ICEs best (also almost certainly illegal) attempts to prevent that from happening.

Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by op00to on Saturday April 26, 2025 @11:58AM (#43804720)
You do seem to be defending the actions by asserting that it was the parents decision rather than an action forced by ICE.
Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by gpm on Saturday April 26, 2025 @12:27PM (#43804999)
I don't see how you come to that conclusion.

I am arguing by pointing to the most clear and egregious violation of the law and human rights, that isn't meant to excuse any other violations.

I am not asserting that ICE followed any of the parents decisions, so I don't see that I could have possibly accidentally implied that ICEs actions were ok because they made the parents make an impossible choice and then followed it.

Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by Kim_Bruning on Saturday April 26, 2025 @12:12PM (#43804869)
> The mother was also technically able to speak with the father, though monitored, for less than a minute, and they were interrupted when the father attempted to give a number for the attorney to the mother.

Based on your wording alone, would it be safe to say the mother was unable to avail herself of counsel before making a decision?

Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by gpm on Saturday April 26, 2025 @12:25PM (#43804983)
To the extent that they let the mother make a decision, which is itself unclear, I would say all evidence points to that.

We only really have the father's and judge's account of events here.

Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by chasd00 on Saturday April 26, 2025 @12:40PM (#43805112)
> We only really have the father's and judge's account of events here

Given that, then this whole thread is pointless. I just assumed people were more informed based on what they’re claiming.

Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by gpm on Saturday April 26, 2025 @12:46PM (#43805148)
The fact that there's a lawsuit here with briefs describing what happened in detail, and rulings from a judge with detailed timelines, means we have a great deal more accurate information than most news stories provide. If you're not willing to make a judgement off of this information, when it is so unambiguous, you're never going to be able to make a judgement in time to react to anything.
Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by shadowgovt on Saturday April 26, 2025 @02:05PM (#43805793)
The point of due process is to construct such a record. The fact that due process is being denied in these circumstances is one of the reasons that so much of the public discussion is rumor and innuendo.

And this is actually one of the many things that this executive doesn't seem to grasp about the fundamentals of how this England-inherited, American-modified government functions. Due process doesn't just protect the people. It protects the king from rumors abounding about his tyranny that eventually lead to his beheading, because if there is no record to show then there is no record to justify the actions of the crown either.

The Magna Carta has stood for about a thousand years. But it has stood because every monarch who tried to place themselves above it found themselves much shorter by the end of their reign.

Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by Terr_ on Saturday April 26, 2025 @08:20PM (#43808392)
> The point of due process is to construct such a record.

Right a lack of records is itself an indicator due-process wasn't provided.

So in this case, a common saying does not apply: Absence of evidence is evidence of absence!

Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by chasd00 on Saturday April 26, 2025 @12:38PM (#43805097)
If the mother is not a us citizen is she entitled to counsel? Or entitled to anything else? Curious to know to what parts of US law apply to non citizens and what parts do not.
Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by Zak on Saturday April 26, 2025 @12:48PM (#43805162)
In noncriminal matters such as deportations, there's no right to counsel at public expense. The broader rights to due process of law and habeas corpus have generally been held by the courts to apply to immigration detention and deportation, and people are certainly free to hire counsel at their own expense in such proceedings.

It gets tricky when a deportation is completed before a court can hear the case. Attempting to prevent a detainee from communicating their location and situation to someone who could bring a legal action on their behalf doesn't appear to be explicitly illegal, but it's certainly an attempt to subvert due process and probably ought to be illegal.

Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by vlovich123 on Saturday April 26, 2025 @01:07PM (#43805303)
> In noncriminal matters

It’s interesting how the administration always talks about these people being here illegally and that they’re all criminals but then leverages the non-criminal aspect of the proceedings to their advantage.

Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by tomrod on Saturday April 26, 2025 @01:11PM (#43805351)
I agree with the substance of your point. I'd argue that it is less "interesting" and quite horrifying to be on the receiving end!
Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by dharmab on Saturday April 26, 2025 @12:46PM (#43805146)
Yes, the sixth amendment is very clear on this.
Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by wslh on Saturday April 26, 2025 @11:39AM (#43804539)
Easy to explain, traumatic to experiment.
[dead]
Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by exe34 on Saturday April 26, 2025 @11:55AM (#43804683)
Is it really "deported" without a court ruling? I thought it was human trafficking?
Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by tomrod on Saturday April 26, 2025 @01:45PM (#43805625)
That must be the common way to use these terms, that's how I understand it too.
Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by selimthegrim on Saturday April 26, 2025 @01:48PM (#43805643)
Rendered
Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by ashoeafoot on Saturday April 26, 2025 @11:32AM (#43804494)
Wear a airtag at all time?
Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by NewJazz on Saturday April 26, 2025 @01:08PM (#43805310)
They wouldn't let these kids have toothpaste the last time they did this.
Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by SauciestGNU on Saturday April 26, 2025 @01:22PM (#43805447)
Subdermal tracking implants then? Although I wouldn't put it past these drooling sadists to start cutting things out of their prisoners.
Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by lynndotpy on Saturday April 26, 2025 @02:03PM (#43805773)
I can't tell if this is a serious suggestion, or if it's proposed in the same tone as "a modest proposal".

In case you are serious: This is a pretty horrifying proposal. Humans can get microchipped, but these cost money, are very painful to administer, and importantly are RFID only, i.e. not useful for finding ones own children.

Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by SauciestGNU on Saturday April 26, 2025 @02:15PM (#43805877)
I am a fan of Mr Swift, the suggestion was not serious, but my musings about ICE's sadism are.
Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by tomrod on Saturday April 26, 2025 @01:39PM (#43805576)
Much simpler: don't jail kids, don't jail parents in deportation proceedings.
Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by mystraline on Saturday April 26, 2025 @02:40PM (#43806072)
Yes, and that was with Obama and 'children in cages'.

Trump is only turning the screws that were firmly installed by all previous presidents and congresses. The only real shock to this immigration action is the blitzkrieg of immediacy, horror, and flaunting violating court orders.

Courts don't have police to enforce judgements. The executive branch does. Hard to enforce finger-wagging. (And well, hello arrested judge day yesterday)

Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by andrepd on Saturday April 26, 2025 @01:28PM (#43805488)
Jesus christ hn
Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by shadowgovt on Saturday April 26, 2025 @02:01PM (#43805755)
Hn, as a forum for discussion, is fundamentally not equipped to rationally discuss America going this far off the rails.

It is far better suited for less difficult topics, like yet another web framework being developed or some 2% improvements in database access efficiency. For discussing real problems that impact human beings existentially, face-to-face conversation is vastly superior.

Re:ICE Deports 3 U.S. Citizen Children Held Incommunicado Pr... by Terr_ on Saturday April 26, 2025 @02:20PM (#43805919)
Especially when the same politicians and agencies pushing the whole cruel scheme have a past history of permanently losing hundreds of children. [0]

"Leave your 2-year-old with the angry government man who will totes ensure they are reunited with your spouse" is not a choice that exists.

[0] https://www.hrw.org/news/2024/12/16/us-lasting-harm-family-s...