In no particular order: No, green cards cannot be revoked without process. That process happens in immigration courts, which are part of the Justice Department, but decisions appealable to federal courts. Yes, ICE can detain people in "non-punitive" detention while they are in removal proceedings - ThreadSky

felipedlh.bsky.social • 14 days ago

In no particular order: No, green cards cannot be revoked without process. That process happens in immigration courts, which are part of the Justice Department, but decisions appealable to federal courts. Yes, ICE can detain people in "non-punitive" detention while they are in removal proceedings

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felipedlh.bsky.social•14 days ago

Yes, there're grounds of deportability for engaging in "terrorist activities," broadly defined in 8 USC 1182(a)(3)(B), including (i)(VII), "endorses or espouses terrorist activity or persuades others to endorse or espouse terrorist activity." No, this does not usually mean protected protest

felipedlh.bsky.social•14 days ago

Yes, the First Amendment applies to all persons in the country, regardless of immigration status. Yes, you can successfully challenge a detention / removal effort on the grounds that you were targeted on constitutionally prohibited grounds, but this is pretty difficult

ceroespada.bsky.social•14 days ago

Usually you don't have DHS announcing that they are deporting you on constitutionally prohibited grounds when you challenge on that basis lol

felipedlh.bsky.social•14 days ago

This is true! I think all in all it's going to be a pretty weak case, though of course given the non-independence of the immigration courts, there is the potential for some undue pressure

felipedlh.bsky.social•14 days ago

I don't know the particulars of this case but there's a relatively high bar for the termination of residency in immigration court, especially if it's not the result of one of the relatively cut-and-dry criminal conviction grounds. I don't know what the argument will be but I think it's weak

jbenmenachem.com•14 days ago

I think a lot of the reaction, particularly among my coworkers and fellow students, is not in response to the eventual judicial proceeding outcome, but the abduction and the culture of fear being created on campus. Also notable that the admin has broken the law in thousands of other ways w impunity

meteor2032.bsky.social•13 days ago

Arrest is not abduction.

felipedlh.bsky.social•14 days ago

That's fair, I mean this is definitely a show of force thing even if the case is weak

jbenmenachem.com•14 days ago

Let me put it this way, that's not the only case

nurseboystanley.bsky.social•14 days ago

Aaron Schwartz. Just b/c you have the law on your side; the full meat grinder of a federal system dedicated to removing/defeating you will destroy any individual regardless of who it is.

larsmaischak.bsky.social•14 days ago

There was already a bipartisan agreement that these assemblies were not protected.
Once you concede an inch of the argument to the fascists, you already lost.

chroniclingrwe.bsky.social•14 days ago

Cannot LEGALLY be revoked under current law. They can be illegally revoked or the law can change.

mgocoder.bsky.social•14 days ago

Is it legal to disappear him and refuse to even tell his lawyer where he is?

felipedlh.bsky.social•14 days ago

Generally speaking, this is not uncommon. They do need to give him access to his lawyer but it's not unusual for things to be playing out like they are right now

mgocoder.bsky.social•14 days ago

So it's normal to:

1) Have no real charge
2) No one to know where he has been taken?

economymedicine.bsky.social•14 days ago

They claim they are in transit or the system hasn't updated yet. They will shuffle people between detention centers to make it harder to meet with lawyers and generally make life miserable if they want to.

felipedlh.bsky.social•14 days ago

These aren't really "charges" in the way they exist in the criminal sense. There'll be an NTA at some point laying out the grounds of purported deportability but it's a little different than in the criminal sphere

michaelander45.bsky.social•14 days ago

They are not supposed to barge into peoples houses without a 4th amendment compliant warrant though

felipedlh.bsky.social•14 days ago

I don't know all the details but I'm not sure if they entered without permission

nanzhounoodles.bsky.social•14 days ago

You'd be surprised!

mgocoder.bsky.social•14 days ago

Green card holders are still protected by the 1st Amendment. Arresting him for speech is blatantly unconstitutional.

jenni-squirrel.bsky.social•14 days ago

ICE is incredibly cruel. I’ve known people and heard stories of others who had a family member taken by ICE and no one knew where they’d been taken. That’s absolutely a thing. Horrifying, cruel, and not uncommon.

nanzhounoodles.bsky.social•14 days ago

Our immigration system is purposefully inhumane and incomprehensible. Evil stuff like this and worse happens every day to people who don't have green cards. The big change is levelling that treatment of a green card holder.

mgocoder.bsky.social•14 days ago

Sure. But if they succeed at criminalizing speech for green card holders, they will come for the rest of us shortly after.

flukestarbucker.bsky.social•14 days ago

Know your history. https://www.theholocaustexplained.org/the-camps/the-first-camps/

petersterne.com•14 days ago

Could removal proceedings be issued for any reason, even if there's no chance they'll stick? That seems like a pretty big loophole for ICE to be able to detain anyone in removal proceedings then. At least in criminal court, you have an arraignment.

felipedlh.bsky.social•14 days ago

Not like for any reason, the NTA must list some sort of formal accusation under the grounds of inadmissibility or deportability. Of course, DHS issues these themselves, no judge needed, so the checks on them are... subpar

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