If illegal immigrants were to voluntarily deport before becoming detained, could they avoid incarceration at CECOT? If the answer is "yes", then it seems their own actions/decisions cause this. Why then should I have sympathy for them?
>But due process is violated even if there is a legal framework to justify it.
What is the exact nature of their due process rights in that situation?
What process is due, exactly, someone who is detained because they have no right to be in this country?
>Whether a person should be deported or not is absolutely worth challenging
The only people who have a say in the matter on whether or not a non-citizen should be allowed to stay or forcibly deported is a citizen. If you'd like to make the case that they should be allowed to stay (as a citizen), then I am willing to hear your argument.
I'm not willing to hear theirs, and as much as I can influence my government, I will demand that it be unwilling to hear their (non-citizens') arguments as well. In court, or otherwise.
>Besides the inhuman conditions that exceed most US prisons, multiple officials have stated that the intent behind Alligator Alcatraz is deterrence.
If you remove a trespasser from your property, it is not punishment... it is remedy. If the remedy (for some reason) deters future trespassing, that still doesn't make it punishment.
They very much are trespassers. They're not citizens, therefor they have no legal right to be here. We issue visas, but we reserve the right to revoke those without notice or for that matter right to appeal. We're removing them from property that is not theirs.
Punishment would be additional to that, but perversely would require that they remain here for the punishment, so people like myself have no interest in it. It's enough that they leave.
>You’re assuming that all people ICE sends to concentration camps deserve to be there?
I don't know what you think the word "deserve" means that it is relevant. It does not matter where they deserve to be, they can't be here. It's our property, they're not welcome.
>But these determinations have been made without fair hearings
There need be no hearings at all. They are not citizens, they have no right to be here. None. You seem to think that some legal right is being revoked, which would necessitate courts... but they have no such legal right. No need for hearings.
>Due process is not afforded these people.
The only process due an illegal immigrant is checking to make sure they're not a citizen. If that process has been followed, no more process is due them. They are not criminals, they get no trial.
> Treating people this way is unjust.
Possibly. But I do not care, not even a little. It is our obligation to make a place for foreigners to live here. This isn't their country.
A place of mass detention without due process: that’s the definition of a concentration camp.
None of the detainees are claiming citizenship. Due process is only violated if they claim citizenship and ICE ignores them. One might think that even someone ignorant of the law might start babbling "you can't do this, I'm a citizen" or similar.
They know the score. They know they're not. Now if only the left would clue in too.
>and punishment.
What punishment? Not all legal remedies are punishment. No criminal charges are levied. No one intends to incarcerate them (hell, that would mean they get to stay). They're just being deported.
Due process is a human right not a right of citizens.
> What punishment?
The conditions of these concentration camps are inhumane, which itself is punishment. Besides, as stated by public officials, Alligator Alcatraz is intended as a deterrent. How can it deter if it doesn’t punish?
And being deported if you don’t deserve it is punishment. And being deported to foreign concentration camps whether your case merits deportation or not is punishment as well.
And individuals can indeed claim citizenship and get no hearing for their claim. Claims don’t get hearings. That’s because there is no due process. In fact, many people are kidnapped without any formal accusation whatsoever being levied at them - for example Mahmoud Khalil, who had a green card and was retaliated against for protesting genocide, without ever being formally accused of anything.
> No one intends to incarcerate them
Detention at a concentration camp constitutes incarceration. On average ICE detains people around 50 days domestically (although those are dated numbers). Some are detained indefinitely. At CECOT, prisoners are incarcerated for life. And the US plans to increase the numbers of foreign concentration camps it uses as part of its operations, which don’t even have to be the person’s country of origin.
> civil proceedings in the US do not ensure a right to legal counsel.
You’re appealing to the law. But due process is violated even if there is a legal framework to justify it. It is a human right not a legal right. The history of concentration camps is full of legal supports placed there by authoritarian governments. But legal justifications don’t exonerate governments mass incarcerating people without due process.
> They're being temporarily detained for deportation, there's nothing to challenge.
Sure there is. Whether a person should be deported or not is absolutely worth challenging.
> The average detention time is short before they're deported to their home country.
Average detention times are around 50 days. Some people crossing at borders for example can be turned back fairly quickly. Others are held indefinitely.
> It’s not punishment
Besides the inhuman conditions that exceed most US prisons, multiple officials have stated that the intent behind Alligator Alcatraz is deterrence.