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KGxvi6/19/2018 3:28:53 pm PDT

re: #207 goddamnedfrank

That’s a feature not a bug. The last thing the federal government wants to deal with is the costs and headaches of having to adhere to all the constitutional rules surrounding actual criminal court proceedings. Trumpers want to have their cake and eat it too, to label undocumented immigrants as criminals without actually having to treat them as accused criminals under the law.

Also, the Chinese Exclusion Act may no longer be the law but the precedent set in Fong defining deportation as not being a criminal punishment is still very much in force. It’s central to the budgetary feasibility of our entire immigration enforcement system.

Administrative courts need to be moved to the judiciary and separated from the executive branch in real ways. The immigration courts need to be the first ones moved. Whether or not they should be considered Article III courts, I’m willing to discuss that, but I’ve seen enough abuse of the administrative law courts to know they are bad for our system of government.