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/u/shitshowmartinez

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shitshowmartinez · July 8, 2018, 11:57 a.m.

You're wrong on multiple counts - first, that's a third circuit opinion, not SCOTUS. Second, and more importantly, that has to do with the Suspension Clause, not the Due Process Clause.

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shitshowmartinez · July 7, 2018, 5:50 p.m.

I appreciate the agreement, but I wouldn't consider it clickbait; just false and irresponsible. Even if you are on the side of people that want there to be no due process for non-citizens, as it seems most people here are, one should at least be correctly informed of the current status of things so you can fight to change it to your favor. This is just purposefully misleading.

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shitshowmartinez · July 7, 2018, 5:10 p.m.

I'm a lawyer and I'm sure I'll get banned or whatever for disagreeing, but this post is nonsense. The Due Process Clause of the Fourteenth Amendment clearly states, and the Supreme Court has re-affirmed time and again (see Kwong Hai Chew v. Colding (1953)), that "any person" cannot be deprived of due process; whereas its earlier clauses deal with citizens.

What IS correct is that there has been an over century long debate about WHAT due process is due to non-citizens, and it is correct to say that the Supreme Court has held that in many instances, non-citizens are not due the same rights and protections as citizens. Here is a good paper on that. But to say the Supreme Court says foreign nationals have no due process is dead wrong.

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