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re: Are illegal children “subject to the jurisdiction thereof”

Posted on 10/31/18 at 12:21 pm to
Posted by TigerKnights
Member since Jun 2011
4404 posts
Posted on 10/31/18 at 12:21 pm to
You mean like you stopped reading at well regulated militia?

Yes according to all precedent undocumented children are still subject to the jurisdiction of.
Posted by thebigmuffaletta
Member since Aug 2017
15534 posts
Posted on 10/31/18 at 12:24 pm to
quote:

well regulated militia


Does not mean what you want it to mean
Posted by buckeye_vol
Member since Jul 2014
35373 posts
Posted on 10/31/18 at 1:04 pm to
quote:

If they were previously documented, they are under jurisdiction.
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?

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:

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.
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.

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 by lionward2014
New Orleans
Member since Jul 2015
13543 posts
Posted on 10/31/18 at 2:25 pm to
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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