Border agent indicted for violating illegal alien's rights [civil rights violation??!!]

Examiner.com ^ | April 20, 2012 | Jim Kouri

[Lurking Libertarian]

Gang rape is a crime as is tying a person up against their will. You don’t have to have constitutional rights to be a victim of a crime.

Crimes exist only by statute. So according to you, it would be constitutional for Congress to pass a statute saying "any illegal alien found in the United States shall be gang raped until dead."

[Lurking Libertarian]

The Contitution and Bill of Rights does not mention any protections for illegal aliens. Because of that, law enforcement and courts do not have to protect the 1st, 2nd, 3rd, 4th, 5th, 6th, 7th or even 8th Amendment rights of illegal aliens.

The Fourth Amendment provides protection for "the People," so you may have an argument there.

The First Amendment says that Congress shall make no law prohibiting the free exercise of religion, without specifying who is protected. Is it your view that Congress could pass a law saying that every alien in the United States must convert to Mormonism or be executed without trial?

The Eighth Amendment says that no cruel or unusual punishments shall be imposed, but doesn't say on whom. Is it your view that Congress could pass a law saying that every illegal alien in the United States shall have their genitalia cut off and then be boiled in hot fat?

[jjotto]

Oh please. Stop already. Why are they called ‘civil’ rights instead of ‘legal’ rights or ‘human’ rights? Isn’t it shocking that ‘rights’ are AMENDMENTS not originally included? Why did they have to be added?

[Lurking Libertarian]

Prior to the Obama regeme, I do not recall any instance of federal or state police or courts granting constitutional rights to illegal aliens.

More than 100 years before Obama's election, the Supreme Court ruled that the 14th Amendment's requirement, "Nor shall any State deprive any person of life, liberty, or property without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws," applied to all persons "without regard to any differences of race, of color, or of nationality," including "an alien, who has entered the country, and has become subject in all respects to its jurisdiction, and a part of its population, although alleged to be illegally here." Kaoru Yamataya v. Fisher, 189 U.S. 86 (1903) (emphasis added).

[Lurking Libertarian]

Prior to the Obama regeme, I do not recall any instance of federal or state police or courts granting constitutional rights to illegal aliens.

More than 100 years before Obama's election, the Supreme Court ruled that the 14th Amendment's requirement, "Nor shall any State deprive any person of life, liberty, or property without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws," applied to all persons "without regard to any differences of race, of color, or of nationality," including "an alien, who has entered the country, and has become subject in all respects to its jurisdiction, and a part of its population, although alleged to be illegally here." Kaoru Yamataya v. Fisher, 189 U.S. 86 (1903) (emphasis added).

[Lurking Libertarian]

Isn’t it shocking that ‘rights’ are AMENDMENTS not originally included? Why did they have to be added?

They had to be added so that Congress could not infringe them.

[Lurking Libertarian]

Sorry for the double post— computer hiccup.

[Molon Labbie]

Illegals who commit crimes, besides invasion, enjoy the protections of the 4th, 5th, 6th, and 8th Amendments.

When they protest our laws openly blocking streets, and shutting down businesses and schools, they call it exercising the 1st Amendment. Don’t get me started about raising the Mexican flag above our own National Standard. Or burning the same.

One day, they will make a successful argument that the 2nd Amendment applies to them as well.

Only in America can armed people cross our border, squat, take resources and be called refugees.

In any other SANE nation, they would be called invaders.

[kevcol]

I think the issue here though is the neutering of BP. There was an illegal a while back who attacked and resisted BP, was tasered multiple times - and later died. It was investigated and no one was indicted. In this case I smell an election cycle bone to La Raza & co. Assuming this criminal was resisting, is getting kneed and put in a chokehold a violation of civil rights? really? Can this illegal then turn around and file a civil suit against the agent if the Feds convict him?

[Lurking Libertarian]

Assuming this criminal was resisting, is getting kneed and put in a chokehold a violation of civil rights? really?

No. The prosecution will have to prove to a jury, beyond a reasonable doubt, that he was not resisting. Since they haven't identified the alleged victim, either they have good videotape, or the case goes bye-bye.

Can this illegal then turn around and file a civil suit against the agent if the Feds convict him?

If he's convicted, I suspect yes. (There may be immunity issues, but that's beyond my legal expertise.) But if the agent isn't convicted, no.

[Ajnin]

Whatever. I’m not interested in your smarmy little comments. If you think illegal aliens have constitutional rights then articulate your points.

[Ajnin]

The 14th amendment did not apply to illegel aliens

The author of the 14th Amendment Citizenship Clause, Senator Jacob M. Howard, stated, in reference to the Amendment, “This will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the family of ambassadors, or foreign ministers accredited to the Government of the United States, but will include every other class of persons."

[Ajnin]

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

Hmmm..We the People of the United States....to ourselves.....

You know I'm not seeing anything about illegal aliens here.... Where exactly did the founders of this nation guarantee constitutional rights to illegal aliens?

[Lurking Libertarian]

You quoted the citizenship clause of the 14th Amendment, which obviously doesn't apply to aliens, legal or otherwise. The due process clause of the 14th Amendment applies-- by its explicit language-- to "persons," not "citizens." The fact that the same amendment uses two different terms in different clauses means that the due process clause does apply to illegal aliens--as the Supreme Court held in 1903. (They had previously held that due process applies to legal aliens in Yick Wo v. Hopkins in 1886).

[Lurking Libertarian]

If you think illegal aliens have constitutional rights then articulate your points.

I quoted a unanimous Supreme Court decision from 1903, before there were any wise Latinas on the Court. Why don't you articulate your point, if you have one?

And try answering my question: would it be constitutional for Congress to provide, by statute, for the death by torture, without trial, of any illegal alien caught crossing the border?

[sickoflibs]

RE :”Some of us who have been warning and posting about illegal immigration have been called every manner of ugly one can regurgitate”

Not you AuntBee... :)

Many of the Bush-bots fled. Worshiping GWB is no longer an ‘in thing here.

[Regulator]

They have allowed a new ‘PROTECTED CLASS” to be created

That is precisely what is happening. Since the illegals are principally non-whites, arresting them has been categorized as racist.

Thus the border itself is being declared racist, and the proposition that we have no right to prevent their entry is being advanced.

In other words, Invasion is being made into a civil right, but only as long as the invaders are non-whites.

It's no joke. It's the end of the country if they get away with it.

[Ajnin]

I provided a statement by the author of the 14th amendment that specifically denies illegal aliens are protectred by the 14th amendment. You can’t get more clear. Obviously your cited court decision is wrong.

[Ajnin]

And try answering my question: would it be constitutional for Congress to provide, by statute, for the death by torture, without trial, of any illegal alien caught crossing the border

Good question. Clearly such legislation would be immoral and unlawful. However, giving illegal aliens constitutional rights is clearly destructive to this country.

[Lurking Libertarian]

I provided a statement by the author of the 14th amendment that specifically denies illegal aliens are protectred by the 14th amendment.

You did not. You provided provided a statement by the author of the 14th amendment that specifies that illegal aliens are not protected by, in his words, "the Citizenship Clause" of the 14th amendment. Granted; illegal aliens are not "citizens."

But the Citizenship Clause is not the only clause in the 14th Amendment. The Due Process Clause of the 14th Amendment, by distinction, protects not "citizens" but "any person." Aren't illegal aliens "persons"? Or are they vegetables? Or animals?