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Notes -
Do you have a citation for this? I want to be make sure I understand which of your statements are factual and which are policy preferences.
Can this crime be punished without trial?
In your "ideal" adjudication, what prevents ICE from deporting citizens in bad faith and/or due to its demonstrated incompetence? (Even if you think the risk is low, the hazard must be addressed.)
Which precedent and why should we question its legitimacy?
The citation is pure reason.
Definitions:
Premises:
Conclusion:
A sovereign's supreme control of territory grants a priori authority for the unconditional expulsion of foreigners:
(A) ∧ (B) ∧ (C) ∧ (D) ∧ (E) ∧ (G) ∧ (H)
I disagree. The leftist establishment uses such fringe cases to demand individual full trials for every deportation while they work ardently to increase the number of illegal aliens in this country. As with those states' issuance of IDs to illegals, the point is not the sanctity of the law or interest in a better-functioning state. The interest is in making it impossible to remove the tens of millions of illegal aliens in this country.
In practice those who cannot provide documentation are here illegally. The remaining edge cases of even several hundred homeless or otherwise profoundly socially detached citizens accidentally deported by ICE do not justify the requirement of millions of trials. But that's another excellent example, as if the homeless were institutionalized as they ought to be, there would be no concern, and then it would be well and truly an extreme minority of citizens who could not prove their citizenship. Regardless, it is not in the interest of a functional state to delay (and, given the above, ultimately fail) at the needed millions of deportations because once in a blue moon a homeless person or Kaczynski-ite is accidentally included. And of course, this would never have been a problem if politicians and billionaires didn't open the doors to millions of illegals in service of gaining future voters and cheap labor. They're causing the problem, they don't get a say in its solution.
See top. Border control is a priori to courts, habeas corpus requires court jurisdiction, courts have no jurisdiction in matters of border control. Again, they literally do, but from fundamental theory of sovereignty, they do not, and thus all actions taken by courts to limit the sovereign exercise of border control are inherently illegitimate.
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