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#1 Sep 13 2010 at 7:15 AM Rating: Good
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In 2005 Bush signed this bill into law called Operation Streamline. It's goal - to deter repeated attempts at illegally entering the US.

It resulted in multiple sectors along the US-Mexico border where anyone picked up for allegedly attempting to enter the US without proper documentation, is swooped off to the courtroom for prosecution. The accused are charged with illegally entered the United States at a place not designated for immigration purposes. They're arrested, charged and tried in groups. At one point they were even instructed to plead 'guilty' in a group. However, now they get to say 'guilty' individually. Still the accused are receiving counsel in groups and being tried in groups.

Federal Magistrate Judge Karen Molzen wrote:
You will be deported from the United States and with that deportation and this criminal conviction it will be difficult or impossible for you to enter the United States lawfully in the future. (from the Tucson Citizen US Border Patrol Report Sept. 2, 2010
So, we're knocking out a huge chunk of people that may be eligible for US citizenship.

Prior to the streamlining, most folks unsuccessfully attempting the cross-over to our land of honey, were simply brought back over the border and released (it reminds me of have-a-heart animal traps). So, now they're convicted, tried and then brought back and released but with a US criminal record.

Anyway, the program is deemed successful and is likely going to be expanded. I wasn't aware of it.

Is it a deterrent?

NPR wrote:
Filiberto Robledo-Aguilar was among a group deported to Nogales. He went to the Center for Attention to Deported Migrants for dinner. Robledo-Aguilar seemed to understand what happened to him in court.

"They did explain our rights to us," he says, "and if we wanted to waive our rights we could leave voluntarily. Or we could stay and fight and spend I don't know how long in jail."

But he was also confused. He said he didn't have a lawyer — though he must have. He said he doesn’t understand why last year, when he crossed into Texas, he was returned to Mexico without going to court.

Regardless, Robledo-Aguilar is not deterred by his conviction. He says he'll try to cross again.

"I'm not against the authorities or anything like that, but I need to work," he says. STORY


Are the folks shuffled through our courts receiving proper due process?

If they are, why aren't all cases reviewed and adjudicated so quickly. Cripes it took my kid 3 months to get a trial for a driving violation.

Edit - Here is an Operation Streamline fact sheet.



Edited, Sep 13th 2010 3:18pm by Elinda
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#2 Sep 13 2010 at 7:51 AM Rating: Excellent
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I don't think there's anything legally wrong with a group trial under some situations and, in fact, even the ACLU fact sheet seems to dissent from the program on other grounds than claiming a lack of due process. As for a deterrent, I suppose it'll help deter anyone from seeking citizenship the next time they enter but I doubt it will keep people from attempting to enter in the first place.
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#3 Sep 13 2010 at 8:11 AM Rating: Good
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Jophiel wrote:
I suppose it'll help deter anyone from seeking citizenship the next time they enter but I doubt it will keep people from attempting to enter in the first place.
...and I wonder what, if anything, the consequences of this will be. Seems with immigration reform somewhere in the works - we're trying to cut down on illegals in the country. Yet many of those who desire most to become legal citizens will now be ineligible.



Edited, Sep 13th 2010 4:12pm by Elinda
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#4 Sep 13 2010 at 10:16 AM Rating: Good
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Quote:
Are the folks shuffled through our courts receiving proper due process?

As non-US citizens and non-non-resident aliens, are they even entitled to due process? I'm not trying to be snide; I truly don't know the answer.

Quote:
Seems with immigration reform somewhere in the works - we're trying to cut down on illegals in the country. Yet many of those who desire most to become legal citizens will now be ineligible.

Perhaps the new immigration law (whenever it comes out) will have a process to address those that were convicted as a result of the Streamline law.

/shrug
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#5 Sep 13 2010 at 10:42 AM Rating: Good
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Demea wrote:
Quote:
Are the folks shuffled through our courts receiving proper due process?

As non-US citizens and non-non-resident aliens, are they even entitled to due process? I'm not trying to be snide; I truly don't know the answer.
If they are going to be arrested - yes, then they are - unless they're a detainee, a pow, an enemy combatant, or their trial might reveal state secrets (the list grows).

Quote:
Quote:
Seems with immigration reform somewhere in the works - we're trying to cut down on illegals in the country. Yet many of those who desire most to become legal citizens will now be ineligible.

Perhaps the new immigration law (whenever it comes out) will have a process to address those that were convicted as a result of the Streamline law.

/shrug
Maybe.

I was a bit pissed at myself for not having heard of this before. The program is being expanded...which is why it's getting press now, I suppose.

It's great that people getting arrested are getting speedy trials. One lawyer claimed he was acting counsel on 150 cases over a three day period. That was when the lawyers were getting paid/case. They get paid by the hour now and ('funny thing') they don't do quite that many cases.

I don't know if the people that are saying 'guilty' know what they're giving up. Although, I'm sure they know that attempting to sneak across a border is illegal. I guess it's the price they pay.

I just hate to see more barricades keeping people who really desire to be Americans, from doing so.
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#6 Sep 13 2010 at 11:14 AM Rating: Good
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Elinda wrote:
I was a bit pissed at myself for not having heard of this before. The program is being expanded...which is why it's getting press now, I suppose.

Change you can believe in!â„¢
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#7 Sep 13 2010 at 7:12 PM Rating: Decent
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I think they should be entitled a choice: deportation back to Mexico via:
a) cannon
b) trebuchet
c) airdrop
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#8 Sep 13 2010 at 7:25 PM Rating: Good
Debalic wrote:
I think they should be entitled a choice: deportation back to Mexico via:
a) cannon
b) trebuchet
c) airdrop
D) Blender.
#9 Sep 13 2010 at 7:26 PM Rating: Default
The system does work. It takes them being scooped up 2 times or more. My Illegal neighbor in Austin's Hubby got scooped 3 times and the last one got him jail time. He's still in mexico now.
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