Dreamers trying to bring legal action against Trump for violation of Constitutional Rights ? Somebody please explain how undocumented people have constitutional rights ?
Waaaaaaaaaaaaaayyyyyyyyyyyyy>>>>>>>>>>>>>>>>> OT:
- Thread starter bleedbluegold3
- Start date
Once you are here you have some rights. They are limited but they do have some rights. The one they do not have is the right to stay here if they do not have the proper documentation.
Believe it or not some are trying to claim Mexicans even have constitutional rights while in mexico. There a couple of cases of border patrol agents shooting across the border that have brought the question to the courts.
That's what makes this country better than all the rest. They have rights but to say they have the right to be in this country is a different story.
They have limited rights....for example foreigners on US soil (except for registered diplomats) have rights against unlawful search and seizure. Thus the US needs a warrant to get phone records for a foreign person in the US - once that same person leaves the US no warrant is required for collecting same phone records (though some quirks to this depending on where those records are held).
That said, illegals held in immigration proceedings for example don't get all the rights a US citizen would in court....
Some progressive organizations however...like EFF and the ACLU....take position's which would give Constitutional "like" protections to foreigners on foreign soil. This is the kind of silliness people like Snowden argue for......limiting for example US intelligence collection on the Internet activity of a foreign terrorist on foreign soil in the name of some kind of world privacy rights.....taken to the extreme such a position might suggest the Navy Seals would have had to broadcast Miranda warnings on loudspeakers before entering UBL's compound in Pakistan. It really is ridiculous.....
That said, illegals held in immigration proceedings for example don't get all the rights a US citizen would in court....
Some progressive organizations however...like EFF and the ACLU....take position's which would give Constitutional "like" protections to foreigners on foreign soil. This is the kind of silliness people like Snowden argue for......limiting for example US intelligence collection on the Internet activity of a foreign terrorist on foreign soil in the name of some kind of world privacy rights.....taken to the extreme such a position might suggest the Navy Seals would have had to broadcast Miranda warnings on loudspeakers before entering UBL's compound in Pakistan. It really is ridiculous.....
Dreamer's Constitutional Rights trump President's Constitutional Rights...only in Russia, I mean China, I mean...ah forget it.
How is it any different than someone moving into your home when you are on vacation? Strange as it seems people who do such things have legal rights to stay until the courts figure it out.
I'm still waiting for someone to explain to me where in the Constitution you can find "sanctuary cities"?
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I would like for someone to explain to me how courts have found a lot of things in the constitution that are not in there yet for some reason things that are obvious such as the right to bear arms are continually contested.
https://immigration.lawyers.com/general-immigration/legal-rights-of-illegal-immigrants.html
Undocumented (sometimes called "illegal") immigrants living and perhaps working in the United States have some rights under the U.S. Constitution, despite their unlawful immigration status. Aspects of the Constitution that address certain basic human rights apply to everyone, even people without proper documentation. Some states grant illegal immigrants various rights, as well.
If you're an undocumented immigrant in the U.S., keep reading to learn more about your rights.
Constitutional Rights
Even if you're in the United States without permission or proper immigration documents, various sections of the U.S. Constitution apply to you. There is a particularly important provision of the Fourteenth Amendment stating that, "No state shall . . . deprive any person of life, liberty or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."
An undocumented immigrant is definitely a "person." In brief, this means that you are owed such procedural rights as a jury trial and the right to defend yourself against the charges if arrested; and if someone sues you over a civil matter, that you have the right to receive notice and to defend yourself in court.
Various criminal charge-related amendments to the Constitution (including the First, Fourth, Fifth, Sixth and 14th) also apply. These protect undocumented immigrants against unlawful search and seizure by law enforcement authorities (without probable cause and a warrant for such an action) and against self-incrimination.
Undocumented immigrants have the right to file lawsuits, such as discrimination suits, in federal court. State laws vary, but some jurisdictions give an undocumented immigrant the right to sue in state court, as well.
Defense Against Removal
You have the right to defend yourself against deportation or removal from the United States. If immigration officials discover that you're living in the country illegally, you have the right to a hearing before an immigration judge in the Executive Office for Immigration Review or EOIR (unless you've returned to the U.S. after a previous order of deportation). The U.S. government can't, in most cases, simply send you home without a hearing.
You also have the right to representation in immigration court by an attorney, but the U.S. government doesn't have to pay for one on your behalf. You may be able to find low-cost legal help from a charitable organization serving immigrants.
Drivers' Licenses Available in Some U.S. States
A handful of U.S. states also offer drivers licenses to undocumented immigrants who live there. Note that this does not confer any form of legal status; it merely says you are allowed to drive a car in that state. The states whose laws allowed this, as of 2016, included California, Colorado, Connecticut, the District of Columbia, Delaware, Hawaii, Illinois, Maryland, New Mexico, Nevada, Utah, Vermont and Washington.
See the National Immigration Law Center Access to Driver's Licenses page for the latest.
No Right to Work in the United States
It is against federal law for an employer to hire an undocumented immigrant. If you accept a job, then on your first day of work or soon after, the employer will (if obeying the law) check to make sure you a green card, visa with work privileges, work permit (also called an employment authorization document or EAD), or naturalization document. Employers are responsible for taking these and other measures to make sure they don't hire undocumented workers. However, they sometimes hire them unknowingly or without a careful check.
Use of fraudulent documents to obtain a job is a violation of immigration law, and can harm your future chances of obtaining lawful immigration status.
Once you are hired, however, you have certain rights with regard to your relationship to your employer.
Rights If You Are Working in the United States
Like any employee, you have the right to be paid for the work you do, at minimum wage, at least, plus overtime pay when legally required. Like other workers, you also have the right to healthy and safe conditions on the job, free from abuse, exploitation, or sexual harassment.
These rights are all too often violated, however, because employers know the workers don't want to reveal their undocumented status.
If you're hurt on the job, you have the right to collect workers' compensation benefits in some states. You may even have the right to collect disability insurance if you paid into it from your paychecks. You have the right to organize or join a union to force better working conditions.
Undocumented immigrants are blocked from collecting unemployment insurance in most states, because a condition of unemployment insurance is usually that the employee must be willing and able to work. Undocumented workers are not technically able to work, so they don't qualify.
Protections Against Discrimination
Undocumented immigrants are legally protected against discrimination on the basis of race or nationality, by employers or anyone else. Employers must ask you for your legal authorization to be in the United States before they can hire you, but they can't single you out and ask only you, or only individuals of your nationality. Asking for documentation must be company policy, covering all workers.
An Immigration Lawyer Can Help
The law surrounding the legal rights of undocumented immigrants is complicated. Plus, the facts of each case are unique. This article provides a brief, general introduction to the topic. For more detailed, specific information, please contact an immigration lawyer or an organization serving immigrants, such as the American Civil Liberties Union (ACLU).
http://dailycaller.com/2017/09/15/f...grants-have-no-rights-under-the-constitution/
The Supreme Court has held that illegal immigrants do have some rights protected by the Constitution.
Fact Check:
“It is beyond question that all persons in the United States are under the Constitution’s jurisdiction and protection. As the Supreme Court held in the 2001 case of Zadvydas v. Davis, ‘once an alien enters the country, the legal circumstance changes, for the due process clause applies to all persons within the United States.’ On this much, the Fifth and Fourteenth Amendments protect all persons within the bounds of the United States, not just citizens,” said Ilya Shapiro, senior fellow in constitutional studies at the Cato Institute.
“Other rights have been specifically recognized by the Court, such as the provision of K-12 education, and of a government-appointed lawyer in criminal proceedings. Non-citizens’ rights are not equal to those of U.S. citizens, however. For example, they have no right to vote in state and national elections and in immigration proceedings they have no right to counsel,” Shapiro said.
The Supreme Court ruled in Zadvydas v. Davis in 2001 that “the Due Process Clause applies to all persons within the United States, including aliens, whether their presence is lawful, unlawful, temporary, or permanent.”
Similarly, the Supreme Court held the 1982 case Plyler v. Doe struck down a Texas law withholding state funds from children not “legally admitted” to the country.
“The illegal aliens who are plaintiffs in these cases challenging the statute may claim the benefit of the Equal Protection Clause, which provides that no State shall ‘deny to any person within its jurisdiction the equal protection of the laws,'” the court held. “Whatever his status under the immigration laws, an alien is a ‘person’ in any ordinary sense of that term.”
Not all constitutional protections apply to non-citizens. The 19th and 15th Amendments protecting the right to vote, for example, specifically apply to “citizens of the United States.”
It’s false to say, however, that illegal immigrants have no rights under the Constitution of the United States.
The Supreme Court has held that illegal immigrants do have some rights protected by the Constitution.
Fact Check:
“It is beyond question that all persons in the United States are under the Constitution’s jurisdiction and protection. As the Supreme Court held in the 2001 case of Zadvydas v. Davis, ‘once an alien enters the country, the legal circumstance changes, for the due process clause applies to all persons within the United States.’ On this much, the Fifth and Fourteenth Amendments protect all persons within the bounds of the United States, not just citizens,” said Ilya Shapiro, senior fellow in constitutional studies at the Cato Institute.
“Other rights have been specifically recognized by the Court, such as the provision of K-12 education, and of a government-appointed lawyer in criminal proceedings. Non-citizens’ rights are not equal to those of U.S. citizens, however. For example, they have no right to vote in state and national elections and in immigration proceedings they have no right to counsel,” Shapiro said.
The Supreme Court ruled in Zadvydas v. Davis in 2001 that “the Due Process Clause applies to all persons within the United States, including aliens, whether their presence is lawful, unlawful, temporary, or permanent.”
Similarly, the Supreme Court held the 1982 case Plyler v. Doe struck down a Texas law withholding state funds from children not “legally admitted” to the country.
“The illegal aliens who are plaintiffs in these cases challenging the statute may claim the benefit of the Equal Protection Clause, which provides that no State shall ‘deny to any person within its jurisdiction the equal protection of the laws,'” the court held. “Whatever his status under the immigration laws, an alien is a ‘person’ in any ordinary sense of that term.”
Not all constitutional protections apply to non-citizens. The 19th and 15th Amendments protecting the right to vote, for example, specifically apply to “citizens of the United States.”
It’s false to say, however, that illegal immigrants have no rights under the Constitution of the United States.
OFFS. Even Justice Scalia said in his Heller vs DC opinion that the Second Amendment does not confer unlimited rights. I would like for someone to explain to me how that's wrong when they argue for the limitation of the rights granted by every other amendment.
I would think that military 50 claiber machine guns would be prohibited. Gatling guns, things that no ordinary citizen would ever have need of. As a conservative, I can see there being a limit to the large clips and for AK47 type of guns except they are already out htere and would be impossible to regulate.
Why should I have to give up the magazines that I shoot with because some nut wants to shoot people? It's a mental health issue not a gun control issue.
Because you are a responsible adult that understands the fact that you don't get everything you want?
Enhanced capacity magazines is not a real priority, is it? A magazine that holds more than 15 or 20 is a necessity?
Not necessarily a necessity but yeah there fun as hell to plink with, and I just think we are not treating the right issue when it comes to violence.
You can be sarcastic all you want, but they are the bill of rights, not the bill of things we deem a necessity.
A WELL REGULATED MILITIA.....
I like the argument that the protection of the right for Americans to own guns is vital to protecting our liberty over our own government. An argument made by someone level headed on here, probably Dog or Mule.....but there are limits. And there are times when citizens participate in actions that cause them to lose their rights.
Crazies acting like the gubment just wants to take your guns.....ridiculous. Most liberals don't care if you have a gun. But let's discuss those limitations in a way that can prevent loss of life. Be it in production and selling, or safety, or education.
When government gets involved, precisely liberals, your rights will be abridged. It's a tough argument. I don't see any need for large capacity magazines but I don't like our government involved in that regulation because once liberals start, they never see anything that is a right.
Just so you know, I'm a consevative but just don't see the need for citizens to have large capacity magazines. There are many a shooting where the perps are not crazy. They are evil. The Orlando shooting, the cops in Dallas, those people were evil, not crazy.
If you limit the magazine size for all guns to 10, what will that do to the murder rate? How about 9? 8?
If I were evil I could do way more damage with a bolt action rifle and a scope , one shot one kill. But being evil is a mental illness people are not born evil, they are either born mentally ill or they allow their minds to be corrupted in to being evil, either way it's a mental issue.
No it's not. Cho here at tech was mentally ill, the Orlando shooter was evil. He could not have done more damage with a bolt action rifle in Orlando and neither could you.
It's a tough argument. Liberals will start and never stop and that's the problem with our government and regulations.
I'm not going to spend time regurgitating my stance on the 2nd Amendment or the Bill of Rights.
But rest assured, there are PLENTY in "gubment" that would love to live in an Australian or UK system.
The Orlando shooter was brainwashed to believe the things he believed therefore he has a mental illness and shooting a semi automatic weapon randomly is not as effective as accurately shooting a scoped rifle. In the venue he chose the semi automatic was more effective but in another venue a scoped rifle would be more effective and it would also keep first responders at bay. The point is it's not the gun it's the operator of the gun.
What cha want, and what cha can get passed are 2 very different thangs in da gubment bra
Ok. Let's outlaw the crazy juice then. Or what? Mandatory church attendance? Outlaw music? Psych evals at 18?
Crazy is crazy. Crazy kills with cars,knives, airplanes they will set you on fire they will mutilate you rape you torture you so when the physco is stabbing you or you're laying underneath his car just think to yourself man I'm glad he didn't have a ten round clip.
You see no association between the increase in gang violence and the design, abundance, and lack of control of arms?