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Old 02-14-2017, 03:11 PM
 
25,021 posts, read 27,991,075 times
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There's this very misunderstood part of our laws that says only US citizens enjoy the rights and privileges of the Constitution. This is NOT true, because all foreigners in the US enjoy one of the most important rights we have as Americans, due process of law. All aliens have due process of law, no one can use or aabuse them and throw away the key just because they are not US citizens. They may not have ALL constitutional rights, but they do have at least some of them.

Edit: This is NOT only within the context of Trump's EO to bar citizens of certain countries from entering the US

Last edited by theunbrainwashed; 02-14-2017 at 03:41 PM..
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Old 02-14-2017, 03:20 PM
 
2,365 posts, read 2,846,087 times
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Quote:
Originally Posted by theunbrainwashed View Post
There's this very misunderstood part of our laws that says only US citizens enjoy the rights and privileges of the Constitution. This is NOT true, because all foreigners in the US enjoy one of the most important rights we have as Americans, due process of law. All aliens have due process of law, no one can use or aabuse them and throw away the key just because they are not US citizens. They may not have ALL constitutional rights, but they do have at least some of them.
Yes we do. Also, when we apply for our visa, green card or citizenship, we sign a form saying we will not break the law, harm people or get involved in criminal activities. And if we break the law then the govt has the right to deport us. So yes, we have rights as long as we adhere to the constituion & do not go around breaking laws.
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Old 02-14-2017, 03:23 PM
 
Location: Dallas, TX
1,187 posts, read 1,026,086 times
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Even Russians and Putin have constitutional rights in US? Everyone born on earth has constitutional right in US because they may be potential customers (students) for Universities someday? Green card holders and visa holders have due process rights. But stretching it to every soul on earth is kinda not understandable. Those due process rights are already mentioned for each category. For instance H1B visa holders has to leave the country after some time if their employer terminates their visa. They have 60 days to find another job.

I think 9th court is kinda stretching it too far. They want to stretch due process rights too far but forget to apply straightforward written rights for president when it comes to immigration.
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Old 02-14-2017, 03:24 PM
 
34,289 posts, read 19,428,895 times
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Quote:
Originally Posted by theunbrainwashed View Post
There's this very misunderstood part of our laws that says only US citizens enjoy the rights and privileges of the Constitution. This is NOT true, because all foreigners in the US enjoy one of the most important rights we have as Americans, due process of law. All aliens have due process of law, no one can use or aabuse them and throw away the key just because they are not US citizens. They may not have ALL constitutional rights, but they do have at least some of them.
I dont know if they misunderstand them, or just feel the need to dehumanize people who don't fit their preferences. I mean, we are taught all of this in high school!
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Old 02-14-2017, 03:24 PM
 
Location: Kansas
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This is what I found, seems limited not as limited as it should be considering the drain in lives and tax dollars that these illegal aliens cost the citizens: Are Illegal Immigrants Protected by the Constitution? | Synonym It does seem limited to due process under the law and equal protection of the law. Too bad they don't apply the criminal statutes to them like they do our own citizens!

I see one of the decisions had to do with a free public education, but that should have never been a question. Once an illegal alien is identified they should have been detained and deported, not educated at the cost of our children.

Something is definitely "off" and it has to do with they shouldn't be here in the first place claiming "rights", Constitutional or otherwise!
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Old 02-14-2017, 03:26 PM
 
Location: On a Long Island in NY
7,800 posts, read 10,127,251 times
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Quote:
Originally Posted by theunbrainwashed View Post
There's this very misunderstood part of our laws that says only US citizens enjoy the rights and privileges of the Constitution. This is NOT true, because all foreigners in the US enjoy one of the most important rights we have as Americans, due process of law. All aliens have due process of law, no one can use or aabuse them and throw away the key just because they are not US citizens. They may not have ALL constitutional rights, but they do have at least some of them.
^ this

Need I mention Gonzalez v Williams and Downes v Bidwell? The Constitution follows the flag ... period. All persons within the borders of the United States have constitutional protections.
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Old 02-14-2017, 03:28 PM
 
34,289 posts, read 19,428,895 times
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Quote:
Originally Posted by ritholtz View Post
Even Russians and Putin have constitutional rights in US? Everyone born on earth has constitutional right in US because they may be potential customers (students) for Universities someday? I think 9th court is kinda stretching it too far. They want to stretch due process rights too far but forget to apply straightforward written rights for president when it comes to immigration.
No. People not present do not, however you should read the ruling, and think it through. The residents who showed harm occurring that was irreparable was not the foriegn folks overseas, it was the states. Thats where standing was needing to be defined.

Then the question was if the court had the right to stop it. Clearly they do-they are a separate but co-equal ranch, and have reviewed things for constitutionality in the past. Surprise! The presidency is not a dictatorship.

And finally was it constitutional, and within the rule of law. And thats where they reasoned that since it was in many ways a defacto Muslim ban, AND that it treated Christians differently (the minority clause in it), that it was in fact a defacto ban based on religion.

theres more, I highly recommend reading the judgement, and looking up any words they use that are used that are generally specific to legal rulings.
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Old 02-14-2017, 03:28 PM
 
Location: Kansas
26,051 posts, read 22,245,465 times
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Quote:
Originally Posted by theluckygal View Post
Yes we do. Also, when we apply for our visa, green card or citizenship, we sign a form saying we will not break the law, harm people or get involved in criminal activities. And if we break the law then the govt has the right to deport us. So yes, we have rights as long as we adhere to the constituion & do not go around breaking laws.
Your case applies to legal immigrants, and we have had the chance to decide whether or not you, more or less, would be someone that would be a plague on our country. I would say 99% of the people have no issue with legal immigrants having rights. You did not enter the country by breaking our laws in the first place, so one can see that those starting out by breaking our laws have a different "dynamic" which makes people think they don't deserve rights. Kind of like pooping on our laws and then expecting everything to smell rosie.
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Old 02-14-2017, 03:33 PM
 
Location: Dallas, TX
1,187 posts, read 1,026,086 times
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Quote:
Originally Posted by greywar View Post
No. People not present do not, however you should read the ruling, and think it through. The residents who showed harm occurring that was irreparable was not the foriegn folks overseas, it was the states. Thats where standing was needing to be defined.

Then the question was if the court had the right to stop it. Clearly they do-they are a separate but co-equal ranch, and have reviewed things for constitutionality in the past. Surprise! The presidency is not a dictatorship.

And finally was it constitutional, and within the rule of law. And thats where they reasoned that since it was in many ways a defacto Muslim ban, AND that it treated Christians differently (the minority clause in it), that it was in fact a defacto ban based on religion.

theres more, I highly recommend reading the judgement, and looking up any words they use that are used that are generally specific to legal rulings.
Then how come Boston judge find it out to be not a Muslim ban? Does it mean one of them are not interpreting correctly? Ban did not mention anything about religion. It is the 9th court judges interpreting based on Trump election speech. Boston judge refused to use this for interpreting it based on religion.
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Old 02-14-2017, 03:40 PM
 
25,021 posts, read 27,991,075 times
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Hey guys just so you know this isn't just about the recent EO Trump have barring certain people from ENTERING the US. Even if they were refused entry, they still have limited constitutional protections, like they can't be tortured in a holding cell waiting removal
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