Irish man detained by ICE for 5 months

Alleged Motives Behind Detention / ICE Practices

• Multiple commenters argue the system functions as a “scam” to funnel public money to private prison corporations, especially those tied to the Trump campaign.
• Others frame it as political theater: harsh enforcement to signal “tough on immigration” while the border remains practically crossable for those determined.
• Some see it as part of normalizing broad state power: getting the public used to the idea that the government can imprison whomever it wants.
• Concern raised that these powers can expand to critics of those in power, their families, or disfavored racial groups, citing past wrongful deportations as “warnings.”

Due Process, Constitution, and Immigration Law

• One side insists the Constitution’s due process protections apply to everyone in the U.S., citizen or not.
• Others counter that the 1996 immigration law and subsequent court decisions have effectively allowed detention and removal without traditional judicial process.
• Debate over whether Congress and courts have improperly treated immigration as purely civil to bypass criminal due process protections.
• A key dispute: even if immigration is civil, does indefinite or lengthy detention violate fundamental constitutional or human rights? Some say yes; others argue the process is just slow, not truly indefinite.

Visa Waiver Program and This Case

• Linked court documents show the detainee entered under the Visa Waiver Program (VWP), overstayed, and is removable under its terms.
• Under VWP, entrants waive certain rights to contest removal; a cited Fifth Circuit precedent says even applying for status adjustment doesn’t restore those rights.
• One commenter notes he cannot be put on a plane without his consent, complicating rapid deportation.

Statutory Framework for Detention

• Commenters quote immigration statutes: any non-admitted “alien present in the United States” is deemed an “applicant for admission” and “shall be detained” if not clearly admissible.
• Disagreement over whether courts have newly and expansively applied this to all noncitizens, or whether that’s exactly what the statute always intended.

Broader Rule-of-Law and Practical Advice

• Some argue that constitutional protections “on paper” are meaningless if the executive, Congress, and courts fail to enforce them.
• Several advise non–US citizens to avoid travel to the US due to ICE risks; even citizens may face harassment.