If you are caught driving without a license, the police officer takes down the evidence, maybe they arrest you, you are brought before a magistrate to see if evidence looks solid and you can decide whether to accept whatever the charge is or dispute it. If you dispute you are probably allowed free on bail or your own recognizance until you are called in to court. There the state describes the charge and produces their evidence and you have an opportunity to argue it.
There is all sorts of due process, checks and balances against abuse of authority, and the state has to have a preponderance of evidence showing you were guilty.
And of course the analogy falls over when you realize that overstaying your visa is a civil offense, not a crime.
The analogy doesn’t change. You get taken into custody for overstaying your visa. That’s the first step of the due process.
I don’t know where you live, but where I line driving without a license is a straight up arrest and fine. You don’t get brought before a magistrate where they present evidence, because the fact you don’t have a license is not up for dispute. There’s no evidence that can change that.
All of this is almost irrelevant though, because the very first step is being detained. That’s the start of the due process.
If you are caught driving without a license, the police officer takes down the evidence, maybe they arrest you, you are brought before a magistrate to see if evidence looks solid and you can decide whether to accept whatever the charge is or dispute it. If you dispute you are probably allowed free on bail or your own recognizance until you are called in to court. There the state describes the charge and produces their evidence and you have an opportunity to argue it.
There is all sorts of due process, checks and balances against abuse of authority, and the state has to have a preponderance of evidence showing you were guilty.
And of course the analogy falls over when you realize that overstaying your visa is a civil offense, not a crime.
The analogy doesn’t change. You get taken into custody for overstaying your visa. That’s the first step of the due process.
I don’t know where you live, but where I line driving without a license is a straight up arrest and fine. You don’t get brought before a magistrate where they present evidence, because the fact you don’t have a license is not up for dispute. There’s no evidence that can change that.
All of this is almost irrelevant though, because the very first step is being detained. That’s the start of the due process.