Comment on ICE's 'Frightening' Facial Recognition App is Scanning US Citizens Without Their Consent
scarabic@lemmy.world 5 days agoI’m not going to excuse ICE and all the shit they are up to. I’m just going to point out that immigration status doesn’t require the same process to determine as the guilt or innocence of some other crime. In a murder trial, you have to prove motive, opportunity, etc beyond a reasonable doubt. With immigration status, it’s simpler: either you can document your legal right to be in the country or you can’t. When someone isn’t supposed to be in the country we don’t jail them for years to rehabilitate them and then release them into the population. We remove them. So everything about this feels and looks different from a standard criminal due process because it is different. Even without the aggressive tactics, masks, and all attendant bullshit, it would still be different.
DandomRude@lemmy.world 5 days ago
Due process is recognized as a human‑rights protection in almost all democratic countries and generally applies regardless of citizenship; it helps prevent arbitrariness and abuse of power.
The fundamental safeguard against arbitrary state detention is habeas corpus or its functional equivalent: a person detained must be brought before a judge so the lawfulness of the detention can be reviewed and so the detainee can be informed of the charges against them.
ICE denies detainees even this, for which there can be absolutely no excuse in any reasonably civilized country.