That os an interesting argument. I never supposed some laws would not require change.
Depends on which laws and departments are at play. The INS bar are a real stretch but I did see the possibility. But then I do not thin many though DHS would be used for immigration purposes.
Via US refugee law (not UN law) covering port of entry and lack of.
Via immigration as a department and part of the problem with false claims. Those apprehended outside a port of entry make a refugee claim during basic processing. Evaluation of the refugee claim ties up the immigration courts from asylum hearings, deportation hearings and appeals of both. They remain in the nation be it on a court order to appear or in detention. Simply put it buy times and government support especially if released into the nation. Government pays for housing, food, etc above that which welfare provides citizens. Some cases can go on for 10 years.The government charges those apprehended are illegal aliens. This becomes a claim vs claim which by US law the refugee usually win as far as which charge take priority. The DHS kicks in breaking up the normal system stated above via national security risk via location and method of apprehension.
I am just heading off any arguments against it relating to the cruel and unusual punishment prohibition. It seems you agree it would not be considered such.
More or less. I could see an attempt to argue for that cruel is applicable but I do not have one myself.
Yes. That is what I am proposing.
This is very problematic given the history of using brands as punishment. I think laws against body mutilation would be applicable to overrule the policy law used to punish by the state. The target foreign national once deported may have to use the international court system as body mutilation is very broad.
Sounds like you disagree with the part of public sentiment who considers illegal immigrants criminals .I agree that we can only enact criminal punishment on criminals
In layman terms they are. However by legal standards they have been charged with a crime but not convicted. Immigration does not have the power to force people to have a invasive surgery which is not medically necessary based only on deportation. The criminal courts would have to become involved to even try such a punishment based solely on what immigration decides. It after all is a executive branch not judicial
Lol, like the U.S. has any aversion to spying.
The government doesn't. The courts may as many are prone to political activism. This was more a point of law and principle than what the US leadership think and does.
Yeah, still not sure what your point was here and how your previous statements "And I have SCOTUS rulings in favor and established precedent of my point regarding family and citizens" related.
This was about refugee and immigration sponsorship by family as per SCOTUS ruling on Trump EO citing the harm clause. This in my view would create restriction on who could be targeted thus reduce the power and scope of what government can do.