>When someone is allegedly an il_legal_ immigrant, t
When someone is allegedly a murderer, or a thief, or a vandal, or whatever... a trial is needed to determine guilt or innocence.
But when they arrest someone for those things, the preliminary process allows police to determine someone's identity. Their address, things of that nature. Their basic information. Basic information is all that is needed to determine whether or not someone is a citizen. There is no trial needed to determine citizenship.
>Due process in the constitution guarantees that individuals (including non-citizens facing deportation) have the opportunity to defend themselves in court
No, you attended public school and someone had you memorize "due process" in 3rd grade and you never were taught what it meant. It does not guarantee "a defense in court", because in this case there is no crime to defend against. No one's wanting to send them to prison. In the simplest terms, due process is the idea that the government must have a process for a particular legal proceeding, and that if someone must undergo that proceeding they get the same process everyone else does. If rich people were getting to skip out of the proceeding, or get a shortened one, but you had to go through the entire thing... it'd be a due process violation. Or alternatively if you wanted that proceeding and they were getting to skip it (say you had a full 30 day period to file, but they canceled your filing that same day) you'd have a due process violation.
>It seems like at your school they didn't mention habeas corpus
Habeas doesn't apply... no one's trying to prosecute them for a crime. The juvenile confusion you're experiencing, where you believe deportation to be some sort of punishment for a crime, rather than merely the immediate remedy for someone who doesn't belong where they are, well it's bizarre.
If someone breaks into your home tonight, do you think the police can't remove them from the house until after the trial?
The writ of habeas corpus applies to detention, not prosecution. In fact this is why it exists. If it only applied after a crime was alleged, the government could hold people in extrajudicial detention forever so long as it never leveled criminal charges. The Bush administration did exactly that in Guantanamo and was slapped down by the Supreme Court.
>The writ of habeas corpus applies to detention, not prosecution.
It doesn't. If a cop stops you on the sidewalk for 10 minutes, that's being "detained", but they don't need to meet the burden of first going to a judge and presenting the evidence required in habeas. Which is all of the detention that occurs in these cases, after that it becomes deportation.
But, should habeas be required of deportation, then only proof required for that is "here is the documentation showing lack of citizenship".
When someone is allegedly a murderer, or a thief, or a vandal, or whatever... a trial is needed to determine guilt or innocence.
But when they arrest someone for those things, the preliminary process allows police to determine someone's identity. Their address, things of that nature. Their basic information. Basic information is all that is needed to determine whether or not someone is a citizen. There is no trial needed to determine citizenship.
>Due process in the constitution guarantees that individuals (including non-citizens facing deportation) have the opportunity to defend themselves in court
No, you attended public school and someone had you memorize "due process" in 3rd grade and you never were taught what it meant. It does not guarantee "a defense in court", because in this case there is no crime to defend against. No one's wanting to send them to prison. In the simplest terms, due process is the idea that the government must have a process for a particular legal proceeding, and that if someone must undergo that proceeding they get the same process everyone else does. If rich people were getting to skip out of the proceeding, or get a shortened one, but you had to go through the entire thing... it'd be a due process violation. Or alternatively if you wanted that proceeding and they were getting to skip it (say you had a full 30 day period to file, but they canceled your filing that same day) you'd have a due process violation.