ICE is now camping out in front of courthouses to arrest people before they can enter the courthouse to defend themselves. Do you approve?
Robot
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newjaninev2 · 56-60, F
@GuidanceCounselor I'm not american but even I know that due process applies to every person within the territory where the american Constitution applies.
The Constitution is silent on immigration status or citizenship.
The Constitution is silent on immigration status or citizenship.
GuidanceCounselor · 56-60, M
@newjaninev2 being polite I will agree you aren't an American and do not understand the constitution. I will leave it at that.
ElwoodBlues · M
@GuidanceCounselor Lemme help you out here.
The US Constitution says
Any person dude, that means every human being in the US gets due process including criminals, "illegal aliens" etc etc.
Need to see what SCOTUS has ruled??
Here's a bit more from Mathews v. Diaz 1976 including citations of prior rulings.
Even one whose presence in this country is unlawful, involuntary, or transitory is entitled to that constitutional protection.
Thank you, SCOTUS for being clear, unambiguous, and leaving zero wiggle room.
The US Constitution says
... nor shall any State deprive any person of life, liberty, or property, without due process of law ...
Any person dude, that means every human being in the US gets due process including criminals, "illegal aliens" etc etc.
Need to see what SCOTUS has ruled??
Shaughnessy v. United States ex rel. Mezei, 345 U.S. 206, 212 (1953); see also Mathews v. Diaz, 426 U.S. 67, 77 (1976) ("There are literally millions of aliens within the jurisdiction of the United States. The Fifth Amendment, as well as the Fourteenth Amendment, protects every one of these persons from deprivation of life, liberty, or property without due process of law."); Plyler v. Doe, 457 U.S. 202, 215 (1982) (holding that unlawfully present aliens were entitled to both due process and equal protection under the Fourteenth Amendment).
Here's a bit more from Mathews v. Diaz 1976 including citations of prior rulings.
There are literally millions of aliens within the jurisdiction of the United States. The Fifth Amendment, as well as the Fourteenth Amendment, protects every one of these persons from deprivation of life, liberty, or property without due process of law. Wong Yang Sung v. McGrath, 339 U. S. 33, 339 U. S. 48-51; Wong Wing v. United States, 163 U. S. 228, 163 U. S. 238; see Russian Fleet v. United States, 282 U. S. 481, 282 U. S. 489. Even one whose presence in this country is unlawful, involuntary, or transitory is entitled to that constitutional protection. Wong Yang Sung, supra; Wong Wing, supra.
Even one whose presence in this country is unlawful, involuntary, or transitory is entitled to that constitutional protection.
Thank you, SCOTUS for being clear, unambiguous, and leaving zero wiggle room.
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GuidanceCounselor · 56-60, M
@ElwoodBlues 8 U.S.C. § 1325
ElwoodBlues · M
@GuidanceCounselor So you're asking what SCOTUS says should happen to a person who enters this country illegally??
DUUUDE!!! I already answered that question!! Read it and weep!!
Even one whose presence in this country is unlawful, involuntary, or transitory is entitled to that constitutional protection.
Mathews v. Diaz 1976 (decided unanimously)
DUUUDE!!! I already answered that question!! Read it and weep!!
Even one whose presence in this country is unlawful, involuntary, or transitory is entitled to that constitutional protection.
Mathews v. Diaz 1976 (decided unanimously)
GuidanceCounselor · 56-60, M
@ElwoodBlues 8 U.S.C. § 1325
ElwoodBlues · M
@GuidanceCounselor Time for you to meet
And, as SCOTUS made 100% clear,
Even one whose presence in this country is unlawful, involuntary, or transitory is entitled to that constitutional protection.
Mathews v. Diaz 1976 (decided unanimously)
Our asylum statutes create a giant loophole for asylum seekers. It's a holdover from the '60s & '70s US immigration law and policy was designed to spit in the eye of Fidel Castro by treating everyone who set foot on Florida as an asylum seeker. This helped earn votes from a swing demographic in a swing state. I agree, we need immigration reform.
And the Senate Bipartisan border bill would have closed that loophole and others. It was the first immigration overhaul since Reagan gave amnesty in 1986.
And of course you know what happened to he Senate Bipartisan border bill. Trump leaned on his flunkies to kill it. Trump wanted a mess on the border to run against. Trump DAMAGED America for campaign purposes. SICK!!
8 U.S. Code § 1158 - Asylum
(a) Authority to apply for asylum
(1) In general
Any alien who is physically present in the United States or who arrives in the United States (whether or not at a designated port of arrival and including an alien who is brought to the United States after having been interdicted in international or United States waters), irrespective of such alien’s status, may apply for asylum in accordance with this section or, where applicable, section 1225(b) of this title.
(a) Authority to apply for asylum
(1) In general
Any alien who is physically present in the United States or who arrives in the United States (whether or not at a designated port of arrival and including an alien who is brought to the United States after having been interdicted in international or United States waters), irrespective of such alien’s status, may apply for asylum in accordance with this section or, where applicable, section 1225(b) of this title.
And, as SCOTUS made 100% clear,
Even one whose presence in this country is unlawful, involuntary, or transitory is entitled to that constitutional protection.
Mathews v. Diaz 1976 (decided unanimously)
Our asylum statutes create a giant loophole for asylum seekers. It's a holdover from the '60s & '70s US immigration law and policy was designed to spit in the eye of Fidel Castro by treating everyone who set foot on Florida as an asylum seeker. This helped earn votes from a swing demographic in a swing state. I agree, we need immigration reform.
And the Senate Bipartisan border bill would have closed that loophole and others. It was the first immigration overhaul since Reagan gave amnesty in 1986.
And of course you know what happened to he Senate Bipartisan border bill. Trump leaned on his flunkies to kill it. Trump wanted a mess on the border to run against. Trump DAMAGED America for campaign purposes. SICK!!
GuidanceCounselor · 56-60, M
@ElwoodBlues 8 U.S.C. § 1325
newjaninev2 · 56-60, F
@GuidanceCounselor You should differentiate between trying to enter and having already entered.
Once I'm on american soil, once I get past the border, the Constitution applies... due process applies
Once I'm on american soil, once I get past the border, the Constitution applies... due process applies