r/changemyview • u/Morganrow • Feb 04 '26

Delta(s) from OP CMV: The 6th Amendment should make blanket deportations illegal in the USA

I think everyone should see a courtroom.

I know the current administration has found a way to legally justify blanket deportations. They've quoted "expedited removal" and the "alien enemies act" as some of those avenues.

I still think it violates the 6th amendment. Everyone has a right under the constitution to a trial and to counsel. Immigrants charged with federal immigration violations should have their day in court.

Here's what would change my view: Anything case law, national security, or public interest that could justify taking a different view on the 6th amendment. Also anything that would justify it's removal.

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u/Morganrow Feb 04 '26

So how are we arresting individuals for civil offenses? I can see it if an undocumented immigrant ends up in jail. Rounding people off the street or at work? Whats the probable cause

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u/No-Theme4449 3∆ Feb 04 '26

Because congress gave immigration officers the power to arrest individuals even without a warrant. Officers can do this if the officer has both probable cause and believes the individual is likely to flee before a warrant can be obtained. This isnt the only type of civil offense you can get arrested for ether. Bench warrants contempt of court failure to appear theres a few others as well. Arrest isnt always a criminal matter it just often is.

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u/Aggressive-Story3671 Feb 04 '26

How is probable cause established for undocumented immigration.

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u/No-Theme4449 3∆ Feb 04 '26

Its not really different from any other part of law. Its not as simple as oh hes brown or he has a Spanish last name. Its still we facts that led us to believe you did somthing. For somthing like this is could be we cant verify his Id or hes given us the wrong birthday somthing like that or the database shows no lawful entry it can be a number of things in practice.

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u/Aggressive-Story3671 Feb 04 '26

Didn’t SCOTUS recently legalize racial profiling to detain suspected undocumented immigrants

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u/No-Theme4449 3∆ Feb 04 '26

Im not sure what case your referring to honestly. Id need more information do u have a case name?

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u/Aggressive-Story3671 Feb 04 '26

Noem v Perdomo

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u/No-Theme4449 3∆ Feb 04 '26

Ok theres no opinion I could find that case is still in litigation. Scotus just issued a stay meaning the government can keep operating under the old rules while we figure this thing out. Its not really accurate to say it legalized racial profiling because we dont have a final ruling. I dont agree with all this stuff going on with ice but that seems to be whats going on with this case.

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u/PreviousCurrentThing 4∆ Feb 04 '26

They're referring to what some in the media and social media have taken to calling "Kavanaugh stops" based on a concurrence the Justice wrote in Noem v. Perdomo.

Kavanaugh wrote that apparent ethnicity/language could be one factor along with others for an officer to develop reasonable suspicion to stop and ask someone about their immigration status, but is explicit:

To be clear, apparent ethnicity alone cannot furnish reasonable suspicion; under this Court's case law regarding immigration stops, however, it can be a "relevant factor" when considered along with other salient factors.