No. of Recommendations: 11
You don't want them deported without a hearing
It's not legal to deport someone without a hearing if they request one, any more than it's legal to sentence someone to jail without a trial.
You won't fund the additional resources to provide detention and hearings.
For the most part, Democrats will fund the additional resources to provide detention for those folks that require detention and for hearings....as part of a comprehensive immigration reform package that also accomplishes the things that democrats want changed to the immigration system. Just like Republicans won't normalize DREAMer status unless part of a comprehensive immigration package that gives them the same things.
That said, Democrats did agree to fund additional resources to provide detention and hearings....but that was rejected last year.
The only alternative your lease us with is to release them onto the streets where that can continue preying on citizens. That is simply unacceptable, so default appears to be accept the crime or deport them immediately. Our system was not designed to handle the volumes we find ourselves stuck with. We cannot afford to be held hostage to an inadequate process. Normally such an issue would be resolved through bipartisan legislation. The dems have ruled out that option so here we are.
You can't deport them immediately. They are entitled to a hearing. The government has to prove that they're here illegally, and afford them an opportunity to demonstrate whether they qualify under the law from protection against deportation. That's basic due process - every person gets their day in court.
There is an alternative, of course - the same alternative we use in the criminal justice system, where almost everyone who is arrested is released before trial. Because it's too expensive and unnecessary to lock up hundreds of thousands of people in advance of their trial. You just prioritize locking up the ones that pose the greatest risk. Some proportion of the hundreds of thousands of people who are released on bail or other pre-trial release will end up committing a crime, because some proportion of any group of hundreds of thousands of people will end up committing a crime over any given time period. We just don't start thinking that if someone who is out on bail for misdemeanor theft ends up committing a DUI (for example) that we need to end pre-trial release - because taxpayers would never be willing to foot the bill to lock everyone up and pay for the courts and prosecutors necessary to get everyone to trial that quickly.
Why? The government is subject to the judicial system like everyone else - and has to follow the law like everyone else. If they're breaking the law, they can be enjoined.
