this post was submitted on 30 Dec 2024
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40
Massive Courts Backlog Could Slow Trump Deportation Plan (time.com)
submitted 1 month ago by Rapidcreek to c/politics
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[–] givesomefucks 24 points 1 month ago

To do it legally he would need to go thru the courts...

I don't think his administration will be like that. He could just put people on buses and try to take them thru the border, maybe even not out an official crossing Mexico doesn't cooperate

I just hate how everyone expects him to magically start caring about the rules and following them. What about his actions over the last 20 years makes anyone expect him to give a fuck about the rules?

To people like that "can I do that" means "will someone stop me" never "can I legally do that".

If we don't get that incredibly basic detail down, we're gonna keep losing. Because we're playing by stricter rules than the only other option

If we're fighting fascism, we can't half ass it and expect them to follow rules if no one makes them.

[–] [email protected] 5 points 1 month ago* (last edited 1 month ago)

No lol.

Executive orders are legal until courts stop it.

Massive backlog means he can do whatever because courts won't be able to stop it in time.

Also "Immigration Court" is a misnomer, its part of the executive branch, under the Department of Justice officially known as "Executive Office for Immigration Review", not actually an actual court in the judicial branch. Immigration Court proceedings are administrative proceedings.

trump could just sign an executive order to make changes to the court to speed things up. He could have his AG appoint a bunch a new immigration "judges" (they aren't even real judges btw, they are employees of the DoJ), to make deportations much faster. He could order these "judges" to not really hear the case and just rubber-stamp deportations.

Only way to not be under the judisdiction of the "Executive Office for Immigration Review" is if you are a US Citizen. Denaturalization will have to go through the actual courts in the judicial branch. (Although he could just try to illegally deport US Citizens anyways, he's legally immune from punishments as long as its an "official act")

[–] Rapidcreek 3 points 1 month ago

Currently there are 3.6 million cases pending before immigration judges, the largest number of pending cases in the history of the American immigration system.