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579 points nh43215rgb | 2 comments | | HN request time: 0.415s | source
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noodlesUK ◴[] No.45781183[source]
This is going to be a huge pain. The US has a very fragmented identity system, and "move fast and break things" approaches like this to bring information from across government systems well outside the scope of what that information was collected for will result in real problems.

I worry what this app and systems like it might mean for me. I'm a US citizen, but I used to be an LPR. I never naturalized - I got my citizenship automatically by operation of law (INA 320, the child citizenship act). At some point I stopped being noodlesUK (LPR) and magically became noodlesUK (US Citizen), but not through the normal process. Presumably this means that there are entries in USCIS's systems that are orphaned, that likely indicate that I am an LPR who has abandoned their status, or at least been very bad about renewing their green card.

I fear that people in similar situations to my own might have a camera put in their face, some old database record that has no chance of being updated will be returned, and the obvious evidence in front of an officer's eyes, such as a US passport will be ignored. There are probably millions of people in similar situations to me, and millions more with even more complex statuses.

I know people who have multiple citizenships with multiple names, similar to this person: https://news.ycombinator.com/item?id=45531721. Will these hastily deployed systems be able to cope with the complex realities of real people?

EDIT: LPR is lawful permanent resident, i.e., green card holder

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matthewdgreen ◴[] No.45782567[source]
The correct answer is that you’re a US citizen unless proved not to be. That’s how the US has always worked, since we’ve made a long-term societal decision not to require papers or allow extrajudicial treatment of our people. This app and everything behind it is foundationally wrong and unamerican.
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somenameforme ◴[] No.45783958[source]
See: 8 U.S.C. § 1304(e) : "Every alien, eighteen years of age and over, shall at all times carry with him and have in his personal possession any certificate of alien registration or alien registration receipt card issued to him pursuant to subsection (d)." [1] So aliens are indeed required to carry papers at all times. The balance between the rights of citizens and the obligations of aliens comes in the form of probable cause. It's similar to how a cop can't pull you over and just randomly search your car without reason, but if he has probable cause, then suddenly he can.

An ICE officer can't just detain somebody for having an accent or whatever, but if they have probable cause to think the person may not be a citizen then they have a substantial amount of leverage to affirm that. Probable cause has been tested somewhat rigorously in the courts and really means probable cause and not the knee-jerk obvious abuses like 'he's brown!'

[1] - https://www.law.cornell.edu/uscode/text/8/1304

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1. matthewdgreen ◴[] No.45792366[source]
You are describing rules that pertain to non-citizens. U.S. citizens are not required to carry proof of citizenship ever and they can't legally be arrested or detained for this. The most that legally ICE can do to a citizen is briefly stop them to ask questions. Anything beyond that is an illegal arrest, full stop.

There is a lot of constitutional law here, not a lot of ambiguity. While mistakes happen, and ICE is clearly becoming more eager to violate the law (see TFA), that doesn't mean we should be unclear about what the law says. In particular, prioritizing the (incorrect) results from an app over any sort of claim or presentation of proof is illegal.

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2. somenameforme ◴[] No.45796110[source]
The issue is fake documents. People in the country illegally have already shown a willingness to break the law and the typical consequence for presenting fake documents is nonexistent - it's deportation, exactly as if they didn't even bother trying. So we've created a scenario where fake documents are widespread, especially in areas with high numbers of illegal immigrants where they are readily available.

So how do you discourage this? We could start prosecuting and imprisoning people with fake documents, but that would send our already absurd prison population through the roof and cost immense amounts of money. An alternative way is exactly what this article is about.