Trump advocates depriving undocumented immigrants of due-process rights

AAAintheBeltway said:
I wonder if noted constitutional scholar Steven Colbert could specify what exactly constitutes due process for border jumpers? Full review of their bogus claims before an Article III judge with taxpayer paid legal counsel? Because if that is the case, we are going to need a lot more judges and lawyers.
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Quite so.

The goal is to shorten the bogus process and not necessarily to deprive due process.

Congress has the power to change laws in a way that seriously reduces the number of factors that need to be looked or that provide the basis for a claim. That's one factor.

Another factor is that even if more judges are required, the Constitution sets forth almost no qualifications for federal judges- although there may be some in statute that can be changed by Congress. So there is no barrier to having hearing officer type judges make initial decisions and also decisions about whether the deportion is or is not stayed on appeal based on the likelihood or unliklihood of prevailing on appeal. So it is not necessary to start suddenly moving full Article 3 district court judges around.

Step 1. Change the law to stop all the bogus claims that just get someone into the country through catch and release.

Step 2. Hire more hearing/officer level judges to make basic decisions en masse. Immigrant is from El Salvador, claims asylum because El Salvador is a dangerous shit-hole country and there are more jobs in the U.S. Boom! Claim denied. Next. Claimant has right to appeal and may contact the Court System from outside the U.S to appear for the appeal and may present notice of the appeal hearing to re-appear at any lawful entry point at the scheduled date and will be held in detention until the hearing. And will or will not be immediately deported again per the appeals court's decision. No release into the community at any point.
 
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