No Due Process for Illegals?

00:04:49

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Let's go to Carl Tobias a law professor at the University of Richmond and Carl really glad that you were with us this morning. The president tweeted Sunday night we cannot allow all of these people to invade our country. When somebody comes and we must immediately we know judges or court cases bring them back from where they came. And I saw that I thought all right. IA you know again maybe the new wants his loss to win weird having serious policy discussions via Twitter. But is that a possibility can you just. Summarily decide okay you just stepped across the border you go back horror is the president trying to make a point. And there is a legal way to make sort speed up the process what do you think. Well probably he is trying to make a point may be trying to make political points. I think your questions. Implicitly is asking can. The United States do that I think the answer is basically no. We the people were coming across the border are entitled to due process so that the constitution. And a number of Supreme Court cases have said that. Oh. It's I guess two part question is you know what what's the solution how can this be speeded up. Because. It there's thousands of cases and they're incredibly backlog. And their proposals that congress mail. Did that that's really what this comes down to is that. That those who do you want to gain nothing this system whether it's because they really are desperate and they're trying to get into the country death. Make a better life for themselves or whether they're trying to gain the system just so they can get in and start getting on the gravy train. They have overwhelmed us at the border so. What do you do do you do you double the number of judges that ever available or. Is there a legal way to speed this up and say our aid. You're standing before me and do you weigh you tell your your right to a full hearings mean how from a bit as things stand now how how would that work. Well do processes of certain fairly flexible notion hands you can have truncated. Proceedings. There's that's probably not as valuable as heavy before proceeding with Shiite basic notion is you. Have a right to their present your case. Before neutral decision maker. There have been proposals even from people like pit crews some of Texas. Two. Had hundreds more. Immigration judges. And I think those are in congress. And that's one way to help but. It is there's a huge backlog and our past cases and then all of these others coming into the system. Have overloaded the system I think most people agree about that. In the end either shorter hearings or. More hearings or more judges sit more resources are. Is one solution. Anything that may not be completely satisfactory but it might speed up the process. It is really interesting to compare this to. You know like verified just go ahead and send in a Jack when I get a parking ticket to the city of Richmond and I'm waving my right to to contest. Whether or not I was parking illegally or waving my right to hearing although if I wanna jump through those hoops that's something I can do. That's right exactly but I think sources familiar talking to our work principally because people would rather write a check. And not a period he Gordon you know way to in all of that. And that's probably why the trumpet administration. Has been so difficult. In the enforcement to the letter of some of these laws is to make it not worth the wild for people who were. Who were on the edge you think if I just told that a little bit longer I'll get into the country and then I've got a free ticket. Two to stay. If they can make the for lack of a better term pain. A little higher the pain threshold higher on the front end. That maybe they can cut down on the number of people show up. Well that maybe they're thinking that that's possible bomb but you know I think each person has his or her own reasons for being here. So yup. What will have to keep our eyes on it and see how Padilla a debate unfolds may be able actually motivate the congress. To pass legislation to try to resolve it and perhaps that's what the president's trying to do is light a fire under. Details as some of those who were in congress and and have not taken action Carl Tobias a law professor of the universe to Richman appreciate your time this morning thank you thank you.
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