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re: Are illegal children “subject to the jurisdiction thereof”
Posted on 10/31/18 at 12:21 pm to Federal Tiger
Posted on 10/31/18 at 12:21 pm to Federal Tiger
You mean like you stopped reading at well regulated militia?
Yes according to all precedent undocumented children are still subject to the jurisdiction of.
Yes according to all precedent undocumented children are still subject to the jurisdiction of.
Posted on 10/31/18 at 12:24 pm to TigerKnights
quote:
well regulated militia
Does not mean what you want it to mean
Posted on 10/31/18 at 1:04 pm to NC_Tigah
quote:How does this make sense? Does that mean they can commit any number of crimes until they are officially documented and officially fall under the jurisdiction?
If they were previously documented, they are under jurisdiction.
Regardless, the SCOTUS has already rules on the juridisction of illegal immigrants in Plyer v. Doe, which stated that states cannot deny students a Free and Appropriate Public Education because their immigration status because:
quote:So the SCOTUS could ignore the precedent and argue that it was wrong, but I just don't see this court doing that since it's a ruling that extended the rights, not restricted them.
Instead, use of the phrase "within its jurisdiction" confirms the understanding that the Fourteenth Amendment's protection extends to anyone, citizen or stranger, who is subject to the laws of a State, and reaches into every corner of a State's territory.
But until then, illegal immigrants fall under the jurisdiction as decided by SCOTUS, and whether one agrees with that decision or not, it is the law of the land unless SCOTUS reverses that.
Posted on 10/31/18 at 2:25 pm to Vacherie Saint
quote:
Illegals are NOT guaranteed constitutional protections.
That may be what you think, but it has been held repeatedly that they are entitled to some Constitutional protections, mainly procedural due process rights.
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