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I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA

209 points proberts | 15 comments | 16 May 25 15:05 UTC | HN request time: 1.984s | source | bottom

I'll be here for the next 5-6 hours. As usual, there are countless topics given the rapidly changing immigration landscape and I'll be guided by whatever you're concerned with. Please remember that I can't provide legal advice on specific cases because I won't have access to all the facts. Please stick to a factual discussion in your questions and I'll try to do the same in my answers.

Edit: I am taking a break now and will return later this afternoon/evening to respond to any comments and answer any questions. Thank you everyone for a great and engaged AMA so far.

1. mc32 ◴[16 May 25 15:41 UTC] No.44006777[source]▶
Don’t you have to be guilty of a crime to be sent down there?

For the vast majority of people who violate their visas, they simply get sent to their home country. If you’re willing to remain in your home country out of fear of US policies, it’s very likely your home country would take you back and not disown you.

replies(4): >>44006828 #>>44006832 #>>44006835 #>>44006836 #
2. _alternator_ ◴[16 May 25 15:45 UTC] No.44006828[source]▶
While it’s not typical to be sent to CECOT in El Salvador, you don’t need to be “guilty” by the government’s position. They assert the right to send people down there based on allegations that have not been tested in any court.
replies(1): >>44007020 #
3. nashashmi ◴[16 May 25 15:46 UTC] No.44006832[source]▶
You can get sent there by your affiliation. You don’t have to necessarily commit a crime. And all the administration has to do is make an accident and send you to the wrong place.

The vast majority are being sent to nearby countries as well.

4. barbazoo ◴[16 May 25 15:46 UTC] No.44006836[source]▶
Lots of people being detained for extended periods of time at the Canada/US border. I wouldn’t be so optimistic unless your situation is bullet proof.
5. mc32 ◴[16 May 25 15:52 UTC] No.44006914{3}[source]▶
And those guys are Salvadoran… right? Like if Mexico sends back a bunch of criminal gringos, what are we supposed to do, ask Mexico to incarcerate them for us? No we take them and put them through our system of justice and send them to the pen.
replies(1): >>44007395 #
6. mc32 ◴[16 May 25 16:01 UTC] No.44007020{3}[source]▶
If you come here legally and don't commit a crime, they won't send you down there. If you come here legally and commit a crime, you'll get sent back to your country of origin. People being sent down there came here illegally.
replies(2): >>44007399 #>>44007595 #
7. klipt ◴[16 May 25 16:37 UTC] No.44007395{4}[source]▶
One was a Venezuelan soccer player (Jerce Reyes Barrios) who was accused of being a a gang member because he had a tattoo ... inspired by his favorite soccer team.
replies(1): >>44007540 #
8. sjsdaiuasgdia ◴[16 May 25 16:37 UTC] No.44007399{4}[source]▶
If we discard rule of law and due process for anyone, it is threatened for everyone. They're defying courts, they're not following the law. This does not end well for anyone, at all. It is incredibly dangerous territory.
replies(1): >>44007507 #
9. mc32 ◴[16 May 25 16:48 UTC] No.44007507{5}[source]▶
If you you are illegally in just about any country, being there without authorization is basis for deportation. No one is being denied due process. Moreover, you can be denied entry at ports of entry to any country for any reason by customs officials -even with a valid visa. They do not need to offer "due process."
replies(1): >>44007779 #
10. mc32 ◴[16 May 25 16:51 UTC] No.44007540{5}[source]▶
Yeah, Venezuela, his own country didn't want to take him back.
11. fzeroracer ◴[16 May 25 16:56 UTC] No.44007595{4}[source]▶
This is false, both in terms of some of the people who have been sent there as well as the administration's direct stance on the matter.
12. sjsdaiuasgdia ◴[16 May 25 17:14 UTC] No.44007779{6}[source]▶
Mr. Abrego Garcia was declared by a court to not be deportable to El Salvador, yet he was.

That is not due process.

replies(1): >>44008829 #
13. mc32 ◴[16 May 25 19:08 UTC] No.44008829{7}[source]▶
He’s a Salvadoran citizen illegally in the US. He gets deported. If you get into Canada or Mexico illegally, barring bribery, you will get deported. No due process is owed you.
replies(2): >>44008928 #>>44010330 #
14. sjsdaiuasgdia ◴[16 May 25 19:19 UTC] No.44008928{8}[source]▶
You do not understand how laws and courts work.
15. sjsdaiuasgdia ◴[16 May 25 22:28 UTC] No.44010330{8}[source]▶
By the way, you might be interested in today's Supreme Court decision. In it, the Court affirms that aliens do, in fact, have due process rights.

https://www.supremecourt.gov/opinions/24pdf/24a1007_g2bh.pdf