In A Nutshell

 The problem with saying it’s okay to treat non-citizens differently than citizens is, who’s in charge of the definitions? Stephen Miller, perhaps?

When it comes to people living in the interior of the country, prioritizing speed over all else will inevitably lead the Government to erroneously remove people via this truncated process," wrote Cobb. "That is because most noncitizens living in the interior have been here longer than two years, rendering them ineligible for expedited removal, and many are seeking asylum or another form of immigration relief, entitling them to further process before they can be removed. The procedures the Government currently uses in expedited removal, however, create a significant risk that it will not identify these disqualifying criteria before quickly ordering someone removed. And the lack of available review means that once the removal happens, it is largely too late to correct the error."

"In defending this skimpy process, the Government makes a truly startling argument: that those who entered the country illegally are entitled to no process under the Fifth Amendment, but instead must accept whatever grace Congress affords them," Cobb continued, which, she said, is an untenable legal argument.

"Were that right, not only noncitizens, but everyone would be at risk," she continued. "The Government could accuse you of entering unlawfully, relegate you to a bare-bones proceeding where it would 'prove' your unlawful entry, and then immediately remove you. By merely accusing you of entering unlawfully, the Government would deprive you of any meaningful opportunity to disprove its allegations. Fortunately, that is not the law."

The first thing we do, let’s kill all the lawyers. That includes judges. And then who’s in charge? Who decides the rules? The kangaroo court of Act 4 of “The Dark Knight Rises,” where every accusation brought to the court are given the choice of exile; or death. Except exile is being forced out on to a frozen river, to the thin ice. He who makes the rules is golden. The rest of us are fucked.”

Do not send to ask who the rules are for. They are for thee.

Stephen Miller wants to trample the rules, declare all non-citizens of America, non-persons. He’s not doing that for you.

And if the Sinister Six decide it is, or even could be, a tenable legal argument, we should finally agree as to who they work for.