Spyke
fedia.io

If "due process" only applies to US citizens, then no one has due process. Because all they have to do is claim you're not a US citizen and then there's no due process by which you can refute their claim.

386

Yes but understanding that requires second order reasoning skills, and most Americans don't even have first order.

111
lemmy.world

I just got a few days ban from reddit for saying it's the people's responsibility to overthrow tyrannical governments and that there's a blurry line, but it's on the deep end when people are being detained without due process.

32

That's because the fascists control all mainstream media, "social" and otherwise. The sooner people properly internalize the implications of that fact, the better off we'll be.

14
lemmy.world

The right of the US to establish and enforce any law is implicitly dependent on a fundamental right of people to reject the authority of a tyrannical government. Otherwise the legitimacy of the US as a sovereign nation is invalidated.

2

Bold of you to think that the US has ever had legitimacy as a sovereign nation.

1

I mean yes but also this is literally an argument that was used to deny african americans rights that they weren't citizens of any country so had no for example "due process".

10

It states all 'persons' not all citizens. It comes off as them not knowing this. Blatant ignorance of the constitution.

173
sh.itjust.works

"Don't care."

Not just blatantly ignorant, willfully choosing to ignore the Constitution even when confronted with it.

144
Match!!reply
pawb.social

ahah, but you see, to them only us citizens are persons,

13

People in my country complaining that the world hates us. Me stuck and broke can't go anywhere, but I had renounced my citizenship, not formally, years ago. Atleast the allegiance part.

0
lemmy.world

A reminder about your rights. If the government can declare you to have an attribute that negates your rights, then you have no rights.

In laymen's terms, if ICE arrests you and fast deports you, whose going to stop them? Okay but you get to a consulate in the foreign country and get back home. When you come out of your lawyer's office (because you're suing ICE), ICE arrests you again, this time as a criminal illegal alien because you came back in. They tell no one they have you, they tell no one where you are. You have no rights according to them. You are sent to an El Salvadoran prison in contravention of a court order not to deport you.

These are all things that have happened separately. We've accidently deported Americans. We've deported Americans on purpose. (Trump sent American kids away so he could deport their parents too) We've deported someone to an El Salvadoran prison in contravention of a court order.

If they don't have rights, then neither do you because the government can just declare you a member of that group and as long as the guys with guns maintain that fiction, nobody can stop them.

136
andros_rexreply
lemmy.world

This is also why the attacks on identification documentation for transgender people should concern everyone. We used to consider ex post facto laws unconstitutional - even things like sex registry acts have been historically controversial because they were adding a punishment that had not been previously ordained.

I spent $5500 that I could not afford (as in, I ended up having to do sex work to pay for it) - to get my “irreversible and permanent” surgery that the state I lived in said would qualify to have my legal sex changed. Like, I would have preferred to wait until I was in a more financially stable situation or might not have even bothered because I didn’t even really need to bind to pass - but the drivers license with an “F” is a problem once you have a full beard.

I followed their rules, I played their games. And now they get to say, nope, doesn’t count anymore. That’s not how the law is supposed to work.

55
Maggotyreply
lemmy.world

I'm so sorry, I don't think we live in a country subject to rule of law anymore though.

18
andros_rexreply
lemmy.world

I’ve gotten the excuse to read both the Declaration of Independence and the Constitution itself, out loud, with teenagers several times recently. Jefferson was a hypocrite and fuckwit that made money off of the back of child labor and raped the women he owned, but those words do have meaning. Any government calling itself the US that does not heed those words is not legitimate.

10

Yeah legitimacy is a thing so many people don't understand. And it's why they want to cloak their actions on official language and procedure. We would riot if they just disappeared people. So they make it seem like they aren't just doing that.

4
Schadrachreply
lemmy.sdf.org

A reminder about your rights. If the government can declare you to have an attribute that negates your rights, then you have no rights.

Any time someone claims that some group of people should have no/reduced due process, I respond essentially the same way: "If you believe that $GROUP shouldn't have due process then you are a $GROUP_MEMBER. Prove you're not without any due process." Before this year, it was mostly people accused of sexual assault, but illegal immigrants are the new target of choice as people who allegedly don't deserve due process rights.

21
lemonazreply
lemmy.world

Even though being in the country undocumented is a civil offense, like speeding or something. Still, using language alone, they made this the one offense that supposedly makes a person be "illegal" — textbook dehumanization btw.

So it's legally on par with speeding, factually less dangerous than speeding, but somehow it's seen as the worst "crime" in the country, so bad that they argue it warrants suspending due process like you're at war or something. Manufactured delusion.

1
Schadrachreply
lemmy.sdf.org

they made this the one offense that makes a person be "illegal"

It doesn't make the person be illegal, but we nounify crimes to describe people who have committed said crime all the time.

The whole point of the "undocumented worker" language is to make it sound like someone who misplaced some paperwork, rather than someone who violated immigration law.

I mean, no one gets mad when you use the more common terms to describe an undocumented procurement specialist, an adverse euthanasia specialist or an unauthorized sexual partner. Despite those terms describing the person as being their violation of law.

2

For sure. I just meant that they intentionally and repeatedly use this wording to obscure the fact that undocumented status isn't that big a problem (it doesn't hurt anyone except maybe the undocumented person), as well as to reinforce the idea on a subconscious level that they're somehow dangerous criminals.

1
lemm.ee

When your knowledge of the constitution is based on vibes.

104
kautaureply
lemmy.world

"The new trend 'Vibe Governing' is sweeping the nation as lawmakers just ask racist AIs with no knowledge of the bills they're actually writing"

27

I... I did not have "Idiot politicians backed by bigoted LLMs" on my 2025 bingo card. This way too plausible to be ignored. So... thanks?

What's embarrassing here is that I've been saying "co-bots not robots" for a while now. But no, not like that.

2

I think I just caught a glimpse of the suffering of Americans who use, well, American social media. Y'all have it rough.

60

People like her argue in bad faith.

Shun and ostracize people like her.

Remove them from your civil social circles.

Only side eye!

19
lemm.ee

Yeah argue with one long enough and they basically just admit they don't care what happens what they love is "owning the libs" the more facts you show them that they can not respond to the more they think they are pissing you off and the more they get their rocks off. 100% they could not care less about any of the things they claim to revere, like the Constitution. Literally the only thing that makes them change their mind is when they realize the policies they voted for apply to them too.

One of my friends adult daughter is fully disabled mentally and physically and my friend can not even work the state pays her to be a caregiver for her child. They100% lives on state support programs. She voted for Trump, I told her before hand she is shooting everyone in the foot and shooting herself in the face with that vote,. She said she disagreed and things will get better for her that she is tired of liberals and "their immigrants" (???) taking part of the tax money that should be going to her and others like her. I was completely dumbfounded. I told her that is completely fabricated BS from Trump and it does not work that way but she told me I did not know what I was talking about, Trump wouldn't just lie about this stuff... yeah. She said THAT.

Now she is telling me how she is so scared they are going to cut her benefits after all the targeting of Social Security and that she felt so betrayed and she thought there was no way Trump would betray his voters like this and there was no way she could have known Trump would have done something this terrible.... I had to look at her and ask how she could have NOT known when I fucking told her multiple times. She finally realized after I said that that I was right. So she knows and will admit she was wrong now. None of my other friends have been affected yet but having talked to them none of them will change their minds until it hurts them or their family directly. Most of them are good enough friends they even admit that they don't care (or even pay attention to) what Trump does as long as it is pissing off the liberals they are happy. At least the first friend realized she was dumb about politics. She told me from now on she was just going to ask me who to vote for.... she is getting smarter about it at least.

19
lemm.ee

Ok I know it's not what your comment is about, but there is necromancy in WWF? How cool. I need to look into it.

2
ladytatersreply
lemmy.world

The Undertaker was (for a long time) a literal zombie walking around by the grace of an urn held by his manager (and former real world undertaker) Paul Bearer.

Wrestling is full of dragons and monsters and people who can fly. It's magical.

2
ladytatersreply
lemmy.world

Wrestling is kind of my thing, and if you want recommendations give me a shout.

2

Yup. What should I watch for a start? (And where/how?) I want fun stories, folklore, (mythology?), ideally women?

1
zarkanianreply
sh.itjust.works

She told me from now on she was just going to ask me who to vote for.... she is getting smarter about it at least.

Really? I couldn't handle that. She's a fucking adult; she should be able to learn critical thinking skills and make her own informed decisions! I'd be down to talk about the issues, but if somebody said "Just tell me how to fill out my ballot", I'd feel sorry for them and I couldn't do it. She's gotta take responsibility for her own actions.

6

I agree. But at least she knows she's ignorant and isn't Dunning Kruger-ing it like everyone else.

3

True, in an ideal world everything you say is correct. But too many people would rather die than think about what they do. And they are used by monsters like Krasnov to inflict misery on the rest of us. I'd just skip the discussions- which wouldn't do anything other than waste your time anyway- and tell her how to vote. Someone so irresponsible as this person really needs to be guided.

0

This fits into my theory that conservatives have an organic brain dysfunction that damages the ability of conservatives to have empathy. Because conservatives only give a shit about bad things happening when those things happen to them or to people they love.

2
BakerBagelreply
midwest.social

They're just mad and stupid and the left did nothing to manage and redirect this toddlerish rage and incompetence, instead we pretended the system was fair and the idiots wouldn't have power because how could they. Naive and foolish on both sides.

Liberals did all that. The actual leftists have been saying for decades that this was exactly where liberal centrism was going to end up as the Democrats did everything they could to keep funneling money up to the top as well.

13

The rich already have the class war. They just want to make sure we don't find out they're the ones attacking. I remember some rich lady journalist put out some opinion piece warning the working class against seeking a class war, and to just keep fighting the culture wars.

Ah, here it is!

Yeah, Alice Thomson wrote this for The Times back in July of last year, bitching about how the candidates in the UK Parliament elections were touting their working class roots.

6

Without due process, we have no way to know for sure if they are 'illegal aliens' or just citizens with the wrong [fill in the blank].

45
lemmy.world

That about sums it up. They don't believe the outgroup deserves rights. But if the outgroup doesn't have rights nobody does, they're just privileges that can be taken away at any time

And, it should be noted, the purpose of due process includes to check if these people are breaking any rules and if they're supposed to be here as well as if they're citizens.

36

All of that without grasping that they, themselves- are members of an outgroup that won't always have influence. Assuming democracy can make a come back and something changes in the next election they may find themselves in that "unpopular" group. Bet they'd change their tune for the 37th time in that case.

6

The rule of law…or even the Constitution of the United States…is what they say it is. Their rules, they make up the law to suit what they’ve already done. The constitution, courts, legal code, hell…even the Bible, can get fucked. They’re all petty kings, judge, and jury rolled up into one.

6

It makes me wonder for what purpose people think nations have courts. Sure, we want to punish murderers, why is there a court? Now, let's talk about "illegal aliens".

1
lemmy.world

Rhetorical, just FYI. I’m an American in Germany and I’ve literally never met a native German speaker who wasn’t a linguistics professor who didn’t say “rethoric” though, so it’s not a big mistake at all. I do wonder if there was a misprint in a popular textbook or something though, because it’s weirdly consistent, even more so than I would expect from a word with a silent (in German) h somewhere.

32
Lumidaubreply
feddit.org

It's a lot more unusual to have an h after an r than an h after a t, even in German. So if you vaguely remember there's supposed to be an h somewhere, it intuitively makes more sense after the t.

In German, "th" is uncommon (non-existent?) in words that aren't overtly borrowed from Latin/Greek, so you get overcompensation like "Ethymologie". "Rhythmus" trips me up every time.

10
lemmy.world

Yeah, that’s definitely a reason for it, but it’s always this word. I don’t recall a German saying ethymology or rhytmic, but this is probably the most common mistake I’ve noticed among C1-C2 English speakers here. The other one might be German mtg players saying “viscera” with the accent on the e, but that’s probably because of a popular YouTuber who influenced local game store culture.

4

This is the first time in my life I've seen it spelled "rethorical" and I've never heard it said that way. I'm in a particularly stupid part of the US but I've travelled most of the country.

3
lemmy.world

Do you hang out with a lot of native German speakers? They’re the ones who do it ime, not native English speakers, and probably not nonnative speakers who live in anglophone countries for a while or who went to anglophone schools.

3
lemmy.world

I get their thought process. To them, the constitution applies only to US citizens. They are stupid fucks for sure, but I get it.

30

Isn't that the entire thought process behind Guantanamo? The constitution applies in the us, move them outside our borders and we can do whatever we want. By the same logic, the constitution applies to citizens (when on us soil), not a citizen, no constitutional protections.

To be clear, I'm entirely against this, and I don't think that's actually how our laws work, just furthering your point of understanding how the stupid fucks get there. The US has been skirting it's own laws and letter-of-the-lawing it to get around whatever it doesn't like + outright ignoring and violating our own laws when it suits us for so long that who the fuck knows what they'll do, and how they'll justify it, and who can blame a MAGAt for not knowing how it actually works

19

Sure, and the response is that if you assume that, but government treats you as a non citizen, where's your venue to prove you are actually a citizen?

Advocate for more efficient due process, but to formally have an out of gives a dangerous window that can be used against everyone.

Due process should be afforded to everyone within your borders. That doesn't mean people get a good outcome, just that there's a fair process to establishing the outcome.

2
lemmy.world

It only makes sense if you’ve never read the constitution. It says “No One” it doesn’t say citizens only.

1
Lysergidreply
lemmy.ml

It only makes sense if you can’t think. Constitution is document of a country not of a citizen. Otherwise foreigner would have rights according to their country’s constitution. That would lead to some bizarre legal issues. Like USAers carrying guns in countries where it’s not allowed

2

Boy, what a self aware example that shows of so many of the issues on the right.

23

they only care about the 2nd amendment.

For enforcement of tyranny rather than defense of liberty, no less. These scum are fucking perverse and evil.

4

I mean the us has never followed due process in the way advocates frame it. As well as this originalists like Thomas and Scalia have always opposed it. Look at dred scott for a history of this. Even in theory due process is not the greatest. This person is wrong and almost certainly extremely bigoted but not as " out there" as some of these comments think.

17

Pretty sure the idea of due process extends to ensuring the government respects "certain unalienable rights" that America recognizes all people are born with--that includes non-citizens

15
pawb.social

non-american here, what is an "alien" in this context? i imagine it doesn't mean "extraterrestrial"

edit: actually nvm, i just searched it up. why are people being called aliens? does this word even fit that role?

11

I think it's the original definition of the word alien, but I might be wrong. Kinda derogatory now but still used in legal contexts

11
AlexLostreply
lemm.ee

I'm an alien, I'm a legal alien. I'm an Englishman in New York

9
AlexLostreply
lemm.ee

Nope. I like my toast done on both sides.

1

Maybe, but I sound pretty American coming from the west coast of Canada?

2

yes it's the appropriate term with the same meaning dating back to its original latin meaning, well before the concept of extraterrestrials

5
Snowclonereply
lemmy.world

Bill Clinton used the phrase "illegal alien" to refer to immigrants without legal status like a green card, Regan and Bush were very pro immigration and both gave amnesty to immigrants in the US without legal status so they could stay in the US work, and apply for legal status, Clinton beat HW Bush by attacking him for the right on immigration, stoking racist hate towards Mexicans, Chicanos, and other Hispanics, which beat Bush badly, the GOP has been as hard line anti-immigrant as possible ever since, in fact Bod Dole lost a lot of votes by saying he wanted military all along the southern boarder, and as stupid as it was then it still is today, even though the average racist American views all Hispanic peoples as Mexicans who illegally enter on foot or swimming, the vast majority of undocumented or authorized immigrants enter on planes, with legal status. Staying Legal in the US is like going to the DMV and getting your car registered, except the rules always change, your job at work can lie and say they are sponsoring you, or processing paperwork for you until you are illegal and face zero consequences, the enforcing officers can make up rules on the spot and process deportation and imprisonment against your legal rights, and even if you have a lawyer, you might never get resolution on any matter, you could end up stuck in prison without any way to sort of what got you there as "they were suspected of a crime, so we won't be processing anything" using the unjustified arrest or detainment AS the pretext for the continued legal abuse.

where was I? oh yeah. Clinton used to say it a lot in the 90's was a whole buzzword.

3
lemmy.myserv.one

Clinton beat HW Bush by attacking him for the right on immigration, stoking racist hate towards Mexicans, Chicanos, and other Hispanics, which beat Bush badly

Bill Clinton is a racist, sex pest? Sounds a lot like Trumpy.

1
feddit.it
  • Allegedly let cocaine enter Arkansas
  • pardoned his own brother (after he had served the sentence)
  • allegedly used state trooper to scout women and drive him to affairs
  • flew back to Arkansas while campaigning for the execution of Ricky Ray Rector (who was mentally impaired after shooting himself in the head)
  • endorsed the Democratic Council Leadership's rhetoric of subtle racism
  • held a press conference in Stone Mountain, home of the second rendition of the KKK

and I just picked from his presidential campaign.

1

Assemble a list of MAGAts. Denounce all of them as illegal aliens. At least a few of them will be deported.

Repeat ad infinitum.

9

This is why US concentration camps are in Guntanamo Bay and El Salvador

6

The problem is this is the same answer as the party in power and their cock-slurping media. Bits of paper don't matter if their mandates aren't enforced by anyone.

4
lemmy.world

why are we still pretending that an online argument is going to solve anything?

guns

4
tankfoxreply
midwest.social

Calling for insurrection without a plan will simply accelerate the slide into dictatorship. Until you have someone willing to stand up and lead those guns somewhere you're just going to get steamrolled.

Based on your comment history, that's probably what you'd like the best.

2

there is currently no army to lead.

when the people are ready, it will be easy to assign targets. we don't even need a 'leader'. think tanks can simply post viable targets and tactics as public information.

-2
lemm.ee

Ate the onion. People don't care about logic and facts any more.

0
lemm.ee

Trump and MAGA piss around somewhere, liberals post about it outraged and protesting.

Meanwhile Trump and MAGA piss around somewhere new, liberals post about it outraged and protesting.

Then, Trump and MAGA... well you get it. They are pissers. It's what they do. Pissing you off is what MAGAts crave. Posts like OP is what they want the whole internet to be full of.

Hence, you ate the onion, you took something seriously that was not meant to be serious. (Doesn't meant there shouldn't be resistance).

0

I think it’s more accurate that they fed the troll. Eating the onion specifically refers to reacting seriously to a parody news source.

2
lemmy.today

The fifth amendment only requires due process for capital crimes. Being in the country illegally is not a capital crime, and being deported does not permanently bar you from re-entry.

-29
waggzreply
programming.dev

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

I'm not sure you understand what the word nor means.

18
lemmy.today

Deporting someone isn't depriving them of life or liberty unless they are certain to be incarcerated the moment they arrive. Which, I suppose, would be the case for those folks that were shipped off to El Salvador, but for the majority of deportees, it isn't.

-24
Crikestereply
lemm.ee

There are people here seeking asylum for threats of gang violence against them. Depriving someone of their safe refuge is depriving someone of liberty. Do you think those people should be sent back to their countries?

Well it doesn’t matter what you think because that already happened.

11
lemmy.today

Seeking asylum isn’t illegal, and those with a pending petition are not considered illegal immigrants. Until a decision is made, they have temporary protected status.

Crossing the border without permission OTH IS illegal and subject to deportation. It’s not that difficult.

-14
setenforcereply
sh.itjust.works

Sure until they decide you no longer have your temporary protected status. It doesn't even matter if you're a citizen, you have an autism awareness tattoo? Have fun in El Salvador

5

A petition for asylum does not HAVE to be accepted. Once it's been denied, you do indeed lose your status, and you're generally expected to leave the country.

But tell me, please, how many of those who have been deported by Trump had a pending petition for asylum that was ignored?

-6
sh.itjust.works

You realize part of seeking asylum also can involve crossing the border without permission and is codified in law?

5
lemmy.today

How many of those deported by Trump did have a pending petition for asylum?

-7
lemmy.today

There are two ways to become a citizen in the United States:

  1. By birth
  2. By naturalization

Both are attested by government certificates. Do you really think the government does not have access to those records? If someone is not found in either of those, what are the chances that they have a valid claim to citizenship?

-5
lemmy.world

Do you not know what "due process" is, then?

The government checking a database for records and ensuring those are correct and in line with the information the accused has (via a judicial body), IS DUE PROCESS.

What are the chances? This isn't the fucking casino, it's people's legal rights, which are also YOUR legal rights, and they are proved by evidence, not odds.

Not giving someone due process, means they don't have to look at those government documents (and they haven't been in several cases and admitted it). That means YOU, they can refuse to look at your ID or say it is fake, refuse to let you prove it in court- THAT'S DUE PROCESS

NONE of this, and I can't emphasize this enough, is about these people's actual legal citizenship status or not, so your first two points are mind-numbingly bad. Whether you get your day in court is how we determine ANYTHING in this country so we MUST grant it, or else they own your body and self and can just kidnap you anywhere, literally.

You're a fucking idiot.

3
lemmy.today

The government checking a database for records and ensuring those are correct and in line with the information the accused has (via a judicial body), IS DUE PROCESS.

Okay, so when ICE goes to arrest people for whom they have no immigration records, they've already done their due process then, haven't they. Glad we agree here.

-2

No, you didn't.

Okay, so when ICE goes to arrest people for whom they have no immigration records, they’ve already done their due process then, haven’t they.

That's not what due process is. Please, get lead chelation therapy asap

1
BussyGyattreply
feddit.org

We doin law by statistical probability? What are the odds their kid flushed their papers down the toilet that morning. They just SOL?

There's a process for determining citizenship and "that tattooed guy with brown skin looks illegal. Send him to the torture slave camp" aint it champ. He even had his papers. Try again.

1
lemmy.today

If the kid flushed down the papers they'll still be the government database, won't they.

-1

You dodged the actual point tho. people are owed due process and the presumption of innocence and snap jusgements are instead being made on the color of people's skin. And again, that football player they sent to el salvador had a fucking greencard, he was a legal resident.

this isnt nazi germany pal, you dont just go up to people and demand their papers and then send them to a fucking camp whether they have them or not.

1
BussyGyattreply
feddit.org

And while I'm at it, suppose someone is born in the US but not in a hospital. They'd have the claim but not the papers to show. Fuck 'em?

1
BussyGyattreply
feddit.org

cool great, but those are voluntary processes and the birthright is a right by birth (5head), not by paperwork.

1

It's not required. You have birthright from being born. This question was settled in 1898:

UNITED STATES v. WONG KIM ARK

A child born in the United States, ... becomes at the time of his birth a citizen of the United States, by virtue of the first clause of the Fourteenth Amendment of the Constitution, "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside."

That 14th amendment is unqualified. The paper is a bureaucratic expediency.

I invite you to try to find case law that reaches the opposite conclusion.

1