Comment Re:If he is found guilty (Score 2) 182
I think what you say is not as strong as you think it is. It only applies to limited things like due process, not necessarily all constitutional rights such as those restricting search and seizure. There is something called the "entry fiction" where people who have entered can be treated as if they are requesting entry and therefore only have the rights they would have at the border. See this podcast episode. Rights they have do include a few things like habeas corpus and due process, but, as I understand it, not things like freedom from search or right to silence or freedom from indefinite detention. And, as others point out, currently federal law enforcement is even ignoring many of those rules or massively abusing them.
Now I think the entry fiction is an incorrect interpretation of the U.S. constitution and should not exist, but my understanding is that it is the current functioning precedent of law in the U.S. Among other things this is the hole through which the current administration is trying to create its police state - if they claim someone entered the country without authorization, the entry fiction kicks in and they can detain them effectively indefinitely. And how exactly does one go about proving one did not enter without authorization while sitting in detention? And there is no one phone call required in this type of detention. You're just gone. This is happening to people right now. Someone else has to notice the person disappeared.