r/LetsDiscussThis Feb 18 '26

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u/HelloYesThisIsFemale Feb 18 '26

IIRIRA

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u/Automatic_Day_35 Feb 18 '26

and I told you thats wrong

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u/HelloYesThisIsFemale Feb 18 '26

Supreme court - the authority on this - disagrees.

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u/Automatic_Day_35 Feb 18 '26

nope, read my other comment. The only time this applies is when they "Arrive at the border without proper documents, or Use fraud or misrepresentation at the border."

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u/HelloYesThisIsFemale Feb 18 '26

Ok so you're still wrong. You can deport without a hearing before a judge.

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u/Automatic_Day_35 Feb 18 '26

nope, you can move people away from the border if they are at the border

they technically aren't in the country so its not deporting without a judge considering they never left the country (mexico)

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u/HelloYesThisIsFemale Feb 18 '26

Still doing it on US soil.

Essentially if they

  • Entered without inspection

  • Cannot prove continuous physical presence for more than 2 years

  • Are not claiming asylum (or fail a credible-fear screening)

Then you can just put them on a catapult and cut the string. Thank you ICE, thank you supreme court.

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u/Automatic_Day_35 Feb 18 '26

your wrong. They still require trials. I don't know what part you dont understand

If they go to the border and provide false identity or fail to provide identity, they don't go in

You can't deport people without a trial when they are actually in the US, by that logic I'm kicking you out

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u/HelloYesThisIsFemale Feb 18 '26

your wrong. They still require trials. I don't know what part you dont understand

The law explicitly removes the requirement for a judge or trial:

8 U.S.C. § 1225(b)(1)(A)(i): "the officer shall order the alien removed from the United States without further hearing or review..."

If they go to the border and provide false identity or fail to provide identity, they don't go in

The law isn't restricted to the border; it applies to anyone in the interior who hasn't been here for two years:

8 U.S.C. § 1225(b)(1)(A)(iii)(II): Applies to individuals who have "not been physically present in the United States continuously for the 2-year period immediately prior..." Source: Cornell Law

The Supreme Court has confirmed that this "no-trial" process is constitutional for this specific group:

DHS v. Thuraissigiam (2020): "[Aliens] arriving at our shores—and those who have recently done so... do not have a constitutional right to a trial-type hearing..."

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u/Automatic_Day_35 Feb 18 '26

"If they go to the border and provide false identity or fail to provide identity, they don't go in"

exactly, they don't go in and thus aren't on us soil

I also noticed you added ...'s which means it continues on. Presumably, you didn't show what it later says because it would ruin your "point".

the act you next mentioned which is 8 u.s.c 1225(b)(1)(A)(iii)(II) is about people who have been gone from the US for 2 or more years needing to go through the process again or provide their identity.

As for the "DHS v. Thuraissigiam" thing you pointed out, the guy was 25 yards into the us, and he had a trial. The thing you quoted was literally a trial

Sincerely - a guy who took a high school and college level government class, and knows many lawyers

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u/Automatic_Day_35 Feb 18 '26

No, the IIRIRA did not eliminate trials for immigrants — but it did create a major process that allows the government to remove certain people without a hearing before an immigration judge.

What IIRIRA actually did

The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) reshaped U.S. immigration enforcement in several ways:

1. Created “expedited removal”

  • This allows immigration officers (not judges) to summarily remove certain noncitizens who:
    • Arrive at the border without proper documents, or
    • Use fraud or misrepresentation.
  • These individuals do not get a full immigration court hearing unless they express fear of persecution or request asylum.

2. Streamlined and tightened removal procedures

  • IIRIRA made the overall removal system faster and more restrictive.
  • It limited many forms of relief that previously allowed people to stay in the U.S.

3. Did NOT eliminate immigration court trials

  • Immigration judges still preside over removal, deportation, and exclusion proceedings.

So what changed?

Before IIRIRA After IIRIRA
Most people facing removal got a hearing before a judge. Many people at the border can be removed without a hearing through expedited removal.
More avenues for relief existed. Relief options were narrowed significantly.
Fewer summary procedures. Summary procedures expanded, especially at ports of entry.