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Old 11-20-2009, 09:57 AM
 
Location: Maryland
15,179 posts, read 15,813,362 times
Reputation: 3028

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As the United States Congress moves toward attempting to legitimize the estimated 12 million persons within the country who have no lawful authority to be here, certain realities according to the constitutions and laws of the United States and the states, especially in the context of criminal law, must be recognized. The most important of these considerations deal with the concepts of dual sovereignty, double jeopardy, prosecutorial discretion, executive clemency, and suspect class. These fundamental legal principles could seriously complicate any expansive legalization program that seeks to absolve illegal aliens of crimes they have committed here, including crimes commonly associated with illegal residence and employment, such as identity theft and using false documents.

As demonstrated, there are serious legal considerations to any Congressional action that tries to legislate absolution for past and current criminal transgressions by a distinct population, or relies on the administration to exercise through the Attorney General and the U.S. Attorneyís Office prosecutorial discretion to ignore these criminal transgressions. Congress may have plenary power regarding immigration and non-citizens in general, but that power does not reach into the states when the behavior of non-citizens violates a stateís criminal laws. And any action by Congress and the administration that can be shown to be discriminatory against U.S. citizens can have not only unintended and highly divisive repercussions, but may also result in CIRís constitutionality being seriously questioned.
Roadblocks to Amnesty: State Sovereignty, Double Jeopardy, and Legalization | Center for Immigration Studies
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Old 11-20-2009, 10:15 AM
 
Location: California
706 posts, read 796,028 times
Reputation: 179
"And any action by Congress and the administration that can be shown to be discriminatory against U.S. citizens can have not only unintended and highly divisive repercussions, but may also result in CIRís constitutionality being seriously questioned"

I wonder if they mean "actions" such as not enforcing current laws,weakining current laws, reducing work place enforcement, not going after employers who continue hiring illegals,etc....

Oh Yeah,the Constitution...I'm sure our elected "reps" in DC will respect that as much as they respect "the will of the people" and "the consent of the governed"....
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Old 11-20-2009, 10:28 AM
 
14,307 posts, read 11,146,155 times
Reputation: 2130
These are all good points. How would they justify absolving these illegals of felony crimes such as identity theft? An American citizen sure wouldn't be just be forgiven for a felony and sent on their merry way. They are going to have a very angry populace to deal with if they are going to initiate a double standard for illegal foreigners.
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Old 11-20-2009, 10:36 AM
 
Location: California
706 posts, read 796,028 times
Reputation: 179
Quote:
Originally Posted by chicagonut View Post
These are all good points. How would they justify absolving these illegals of felony crimes such as identity theft? An American citizen sure wouldn't be just be forgiven for a felony and sent on their merry way. They are going to have a very angry populace to deal with if they are going to initiate a double standard for illegal foreigners.

Which is exactly why they are so concerned about the elections next year....they are only concerned about the people's concerns when they're up for re-election.
When, and if, they get re-elected the "for sale" sign goes right back up on their office door...

By the way,that double standard already exists...imo...

Just what is a "for sale" sign ?
http://blogs.abcnews.com/thenote/200...care-vote.html
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Old 11-20-2009, 10:41 AM
 
14,307 posts, read 11,146,155 times
Reputation: 2130
Quote:
Originally Posted by borderlord View Post
Which is exactly why they are so concerned about the elections next year....they are only concerned about the people's concerns when they're up for re-election.
When, and if, they get re-elected the "for sale" sign goes right back up on their office door...

By the way,that double standard already exists...imo...

Just what is a "for sale" sign ?
The $100 Million Health Care Vote? - The Note
You got that right!
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Old 11-20-2009, 10:44 AM
 
Location: Maryland
15,179 posts, read 15,813,362 times
Reputation: 3028
Quote:
Originally Posted by borderlord View Post
"And any action by Congress and the administration that can be shown to be discriminatory against U.S. citizens can have not only unintended and highly divisive repercussions, but may also result in CIRís constitutionality being seriously questioned"

I wonder if they mean "actions" such as not enforcing current laws,weakining current laws, reducing work place enforcement, not going after employers who continue hiring illegals,etc....

Oh Yeah,the Constitution...I'm sure our elected "reps" in DC will respect that as much as they respect "the will of the people" and "the consent of the governed"....
Youíre right. They have proven they will do as they choose Ė to hell with the will of the people, or our legal mandates. You know itís bad when illegals feel so emboldened that they have the audacity to file lawsuits against our law enforcement. . . . for upholding the law!. Even worse, they are given a legal venue, and taxpayers foot the bill. What kind of lunatic country has this become?
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Old 11-20-2009, 10:58 AM
 
Location: California
706 posts, read 796,028 times
Reputation: 179
Quote:
Originally Posted by Benicar View Post
Youíre right. They have proven they will do as they choose Ė to hell with the will of the people, or our legal mandates. You know itís bad when illegals feel so emboldened that they have the audacity to file lawsuits against our law enforcement. . . . for upholding the law!. Even worse, they are given a legal venue, and taxpayers foot the bill. What kind of lunatic country has this become?

One that will bring to New York, the purported mastermind of the 9/11 attacks for trial, with all of the rights afforded (by the Constitution) to American citizens...

sorry for going off topic...(sort of...)
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