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Tom Homan Skirts Question on ‘Due Process’ for Deported Migrants in Tense Exchange: ‘Where Was Laken Riley’s Due Process?’

  

Category:  News & Politics

Via:  john-russell  •  4 days ago  •  25 comments

By:   David Gilmour (Mediaite)

Tom Homan Skirts Question on ‘Due Process’ for Deported Migrants in Tense Exchange: ‘Where Was Laken Riley’s Due Process?’
"Do they get a chance to prove that before you take them out of the country and put them into a notorious prison in a country that they're not even from? I mean, do they have any due process at all?" Karl asked. In reply, Homan didn't offer any clarity on whether deportees had "due process" but countered Karl with his own question: "Due process? Where was Laken Riley's due process?"

S E E D E D   C O N T E N T


President Donald Trump's border czar Tom Homan was grilled by ABC's Jonathan Karl over the legality of recent mass deportations and "due process" for migrants under the ongoing immigration crackdown, sparking a tense exchange.

In a combative Sunday sit-down on ABC's This Week, Karl asked how the administration determined the gang affiliations of the 250 migrants deported earlier this month, some of whom were reportedly sent to El Salvador's notorious terrorism prison.

Homan began by saying there were "various methods" by which Immigration and Customs Enforcement (ICE) teams were identifying people for deportation, slamming the criticism that many deportees don't have "criminal histories."

He continued: "A lot of gang members don't have criminal histories just like a lot of terrorists in this world, they're not in any terrorist database, right? For instance, most terrorists we arrest that are identified by the U.S. government are later identified through a Title III investigation or through an undercover operation, they're not in any terror screening database. We know that."

Detailing the intelligence gathering methods being deployed by ICE, he added: "We have a count on social media. We have a count on surveillance techniques. We have a count on sworn statements from other gang members. We have a count on wiretaps and Title III's. Everything involved with criminal investigations come into play. So just because someone hasn't been arrested and charged with a crime yet doesn't mean they're [not] a member of a gang."

Karl then explained that lawyers for some of those deported had spoken with ABC News and argued that their clients deny being members of a gang. The host questioned whether those labeled members of the MS-13 or Tren de Aragua (TdA) gangs had been given any chance to challenge their designation.

"Do they get a chance to prove that before you take them out of the country and put them into a notorious prison in a country that they're not even from? I mean, do they have any due process at all?" Karl asked.

In reply, Homan didn't offer any clarity on whether deportees had "due process" but countered Karl with his own question: "Due process? Where was Laken Riley's due process?"

But Karl didn't let up, pointing to Jerce Reyes Barrios, a soccer coach deported to El Salvador allegedly because of tattoos he said were mistaken for gang symbols. His lawyer claims he's no gang member — just a political dissident fleeing Venezuelan President Nicolas Maduro's government.

Homan dismissed the concern, saying it would be "litigated in the courts," while reaffirming the administration's claim that "every Venezuelan on that plane was a known member of the TdA" gang.

Riley, a college student killed last year by an illegal Venezuelan migrant with a criminal record, has become a symbol for the Trump campaign, and now legislation — the Laken Riley Act — signed into law in January.


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JohnRussell
Professor Principal
1  seeder  JohnRussell    4 days ago
"Due process? Where was Laken Riley's due process?"

Basically tells you all you need to know. 

 
 
 
devangelical
Professor Principal
1.1  devangelical  replied to  JohnRussell @1    4 days ago

meh, deporting alleged criminals without due process will come in pretty handy in 4 years ...

 
 
 
Jeremy Retired in NC
Professor Expert
2  Jeremy Retired in NC    4 days ago

They want to skip the process of legally entering they shouldn't have a problem skipping a process on their way out.

 
 
 
Just Jim NC TttH
Professor Principal
2.1  Just Jim NC TttH  replied to  Jeremy Retired in NC @2    4 days ago

256

256

 
 
 
afrayedknot
Senior Quiet
2.2  afrayedknot  replied to  Jeremy Retired in NC @2    4 days ago

“…skipping a process…”

Those processes are for your protection as well, and are one of the cornerstones of our individual freedoms. 

By all means prosecute offenders, but do so in accordance with our long established and enviable legal traditions.

Unless, of course, some excuse us becoming a police state that runs roughshod over a basic and inalienable right. 

 
 
 
Jeremy Retired in NC
Professor Expert
2.2.1  Jeremy Retired in NC  replied to  afrayedknot @2.2    4 days ago

Doesn't change what I said.

 
 
 
Thomas
PhD Guide
2.2.3  Thomas  replied to  Jeremy Retired in NC @2.2.1    3 days ago

Don't worry. It's ok to be wrong. Just look at the MAGA track record.

 
 
 
Jeremy Retired in NC
Professor Expert
2.2.4  Jeremy Retired in NC  replied to  Thomas @2.2.3    3 days ago

What does their track record have to do with me?  Or did you make the mistake of thinking I'm one of them because I don't agree with you?

 
 
 
George
Senior Expert
3  George    4 days ago
 slamming the criticism that many deportees don't have "criminal histories."

This is the abject retardation we have come to know from the left wing media, Listen you stupid fucker, by they very fact they are here illegally makes them criminal. Now shut the fuck up until you can get the most basic facts straight.

 
 
 
Hallux
Professor Principal
3.1  Hallux  replied to  George @3    4 days ago

Take a deep breath and count backwards from 100 ... let us know when you reach 99. Sheesh!

 
 
 
Ozzwald
Professor Quiet
3.2  Ozzwald  replied to  George @3    4 days ago
by they very fact they are here illegally makes them criminal.

Does that exempt them from due process???

 
 
 
Trout Giggles
Professor Principal
3.2.1  Trout Giggles  replied to  Ozzwald @3.2    4 days ago

I swear all these MAGA want to throw the Constitution in the toilet.

 
 
 
evilone
Professor Guide
3.2.2  evilone  replied to  Ozzwald @3.2    4 days ago

It's pretty funny MAGA can't acknowledge the fact illegally crossing the border is on par with rolling through a stop sign. Both are civil infractions not criminal.

 
 
 
evilone
Professor Guide
3.2.3  evilone  replied to  Trout Giggles @3.2.1    4 days ago

With MAGA it's freedom for me, but not for thee. Fucking hypocrites... 

 
 
 
Mark in Wyoming
Professor Silent
3.2.4  Mark in Wyoming   replied to  evilone @3.2.2    4 days ago

I agree that crossing the border illegally is a simple misdemeanor and a civil case, not a criminal one, in most cases .

I  do think your comparison of it being the same as doing a cali stop at a stop sign is not quite correct , apples and oranges .  both civil infractions but not the same .

 a better comparison would be that of comparing it to say simple trespass, another civil infraction.

Someone trespasses , gets told they are trespassing , and refuse to stop trespassing what happens ? the authorities are called ,  and they are cited for the infraction , if they go to court they likely may get a fine , maybe not . thing is are they allowed to remain where they are trespassing after the authorities cite them ? 

The answer to that is no , they are escorted by the authorities from where they are trespassing to where they can legally be ,usually with a warning not to trespass again .

that i think is an apples to apples comparison .

 
 
 
evilone
Professor Guide
3.2.5  evilone  replied to  Mark in Wyoming @3.2.4    4 days ago
apples and oranges .  both civil infractions but not the same .

My point it isn't criminal and requires due process. So, unless MAGA wants to start shipping people to foreign prisons for trespass we are still talking about hypocritical attitudes. 

 
 
 
George
Senior Expert
3.2.6  George  replied to  Mark in Wyoming @3.2.4    4 days ago

What the illegal apologists never address, which i am assuming being communists prevent them from doing so, is the fact that the first crime is crossing the border, now that they are here, how do they eat? do we really think fairy's are bringing them food? housing etc.

 
 
 
Mark in Wyoming
Professor Silent
3.2.7  Mark in Wyoming   replied to  evilone @3.2.5    4 days ago

Someone say trespasses on my property, and i dont want them there , its not criminal for them to do so until i object, tell them not to do that , and get the authorities if needed involved  and even then it remains a civil matter until or unless something criminal happens . 

i did get your point , i simply think the comparison you chose was wrong .

 
 
 
George
Senior Expert
3.2.8  George  replied to  evilone @3.2.5    4 days ago

8 U.S. Code § 1325 - Improper entry by alien

(a) Improper time or place; avoidance of examination or inspection; misrepresentation and concealment of facts

Any   alien   who (1) enters or attempts to enter the   United States   at any time or place other than as designated by   immigration officers , or (2) eludes examination or inspection by   immigration officers , or (3) attempts to enter or obtains entry to the   United States   by a willfully false or misleading representation or the willful concealment of a material fact, shall, for the first commission of any such offense, be fined under title 18 or imprisoned not more than 6 months, or both, and, for a subsequent commission of any such offense, be fined under title 18, or imprisoned not more than 2 years, or both.

You do NOT go to prison for a civil action. 

 
 
 
Ozzwald
Professor Quiet
3.2.9  Ozzwald  replied to  Trout Giggles @3.2.1    4 days ago
I swear all these MAGA want to throw the Constitution in the toilet.

They have already said that they'd vote for Trump if he runs again...

It's kind of like when they say that they believe in strong law enforcement and justice system, then turn around and vote for a 34 count felon and rapist.

 
 
 
Ozzwald
Professor Quiet
3.2.10  Ozzwald  replied to  evilone @3.2.2    4 days ago

Both are civil infractions not criminal.

But different skin colors.

 
 
 
evilone
Professor Guide
3.2.11  evilone  replied to  Mark in Wyoming @3.2.7    3 days ago
i did get your point , i simply think the comparison you chose was wrong .

Sure...You don't agree with the comparison, but you've failed to address any point of due process.

 
 
 
Mark in Wyoming
Professor Silent
3.2.12  Mark in Wyoming   replied to  evilone @3.2.11    3 days ago

So what should the due process be ?

I could likely oversimplify the matter with what i think of the matter. and many would not like it .

as long as it remains in the civil infraction area  of the law, i see no need for it to go higher than it has to with an associated wait. Any sitting US Judge can make a ruling on a simple trespass matter , which to me this is . 

 
 
 
evilone
Professor Guide
3.2.13  evilone  replied to  Mark in Wyoming @3.2.12    3 days ago
So what should the due process be ?

The same as all other people get in the USA. A lawyer and a ruling from a judge with a process for appeal. It's not difficult. 

Any sitting US Judge can make a ruling on a simple trespass matter

Any sitting US Immigration judge can make a ruling on a simple immigration matter too. Congress has abdicated its responsibilities to scale access to immigration courts to work on the numbers of people seeking asylum. The new administration isn't even giving some people who followed the rules to complete their cases.

 
 
 
Thomas
PhD Guide
3.3  Thomas  replied to  George @3    3 days ago

How, exactly do we "know" that they were illegal?

They had no due process. They could have grabbed you or anybody else. That is the problem.

 
 

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