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  • #91
    Could you be more SPECIFIC and let us know what PARTICULAR Section or Subsection of HR4437 are you referring to?

    Just because you say "some parts of it violate the due process" doesn't mean that Courts would hold the same opinion.

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    • #92
      The U.S. Supreme Court held that "the retroactive application of a new criminal statute is unconstitutional" "the offender need to be warned by the letter of law at the time of the commission of the offense that he is subject to criminal prosecution". HR4437 would be perfectly constitutional if it provided a period of warning for illegals to leave the U.S. or adjust status (for those few who could). That would provide enough "warning of prosecution" to eliminate the due process violations. I can see this is already considered by the Specter bill although I believe a that 30 days to 3 months is more than enough of a "warning".
      Harsh or kind-hearted, I wouldn't object to any bill that is constitutional and sound in its construction.

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      • #93
        "Warning period" you are talking about seems to be very minor issue and could most easily be "amended" during conference talks, if and when the Bill reaches it.
        Perhaps House Reps wanted some "bargaining leverage", so they had in mind the same 30-90 days warning when they wrote the Statute, but included NONE, so they could negotiate and get in Conference talks what they wanted in the first place.

        Now, above reflection is based on assumption that your description of relevant Statute is accurate and correct.
        I myself didn't study HR4437 in detail.

        I may read it in details later, so I could share my opinion on it based on my understanding and interpretation of the Bill.

        Best Regards,
        IE

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