Undocumented Immigrants and “Women’s Law”: Reflections on Liberal Incoherence

Posted on September 14, 2018

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The plight of undocumented immigrants has become a banner cause for the liberal left. They don’t comprehend the law; they just reckon detaining people for being in this country without official leave is cruel—and maybe unconstitutional.

Welcome to the United States civil justice system, the same civil justice system whose criminalization of its own citizens liberals have applauded for decades. Unlike the criminal justice system, the civil justice system affords scant protections to those who fall under its scrutiny.

The liberal position: It’s not okay to suspect noncitizens, deny them due process and free access to attorney services, deprive them of residence and access to family members, permanently record their names in police databases, and subject them to indefinite detention. But it is okay to suspect citizens based on no ascertainable proof, deny them due process and free access to attorney services, deprive them of residence and access to family members, permanently record their names in police databases, and make them subject to warrantless arrest and criminal incarceration, sometimes indefinitely, which is what the instrument called the civil restraining order authorizes.

Liberals furthermore are affronted by discrimination and injustice, according to their rhetoric, baffled by those who reject their values, and confused by this country’s intransigent political polarization.

Copyright © 2018 RestrainingOrderAbuse.com

*This week on NPR, the “cathedral of [liberal] political correctness,” it was deplored that undocumented detainees weren’t granted hearings with judges—that’s when they’re granted hearings at all; many sit in limbo for years in privatized detention centers with no de facto government oversight. Hearings are often conducted by video, meaning even if defendants have lawyers, they can’t confer with them. The instrument called the civil restraining order is typically issued ex parte, meaning defendants can’t confront their judges, either, and the issuing judges only know them as names on fill-in-the-blank forms. Restraining order hearings in the overwhelming majority of cases are required by statute to occur within days, making effective legal representation, which may be unavailable and is anyway seldom affordable, sketchy at best. Looping back around, the filing of a restraining order against a documented immigrant, again based on no certain evidence, is often grounds for his or her eviction.

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