Rights and Citizenship... Again.

USC Title 18 Sec. 242

[Grut]

Title 18, Part I, Chapter 13, Sec. 242. - Deprivation of rights under color of law

USC Title 18 Sec. 242 has something interesting to say in regards to the ongoing Freeper debate about whether non-citizens have rights under the Constitution. Here's a copy of it, edited for clarity:

"Whoever, under color of any [law] willfully subjects any person in any [US place] to the deprivation of any [right] protected by the Constitution or laws of the United States, or to different [punishments] on account of such person being an alien... shall be fined under this title or imprisoned not more than one year, or both..."

[Grut]

So there it is; not only do non-citizens have the same rights as citizens but officials can go to jail for ignoring the fact.

[AzJP]

Grut:
Interesting posts, two in a row. Congratulations!
Just reading this, it seems to also speak to the current administration and the unique treatment of those folks detained in Guantanamo.
Thanks again, this will be fodder for long and passionate discussion amongst my social circle of law students, law lecturers, lawyers, retired judges and a plethora of thinking brain-food gourmets.

Amy

[AzJP]

....although if I don't print a copy of that citation I'll get blasted before I get my first beer.

[vladog]

This needs to be changed ASAP. If you are not a US citzen you should not have any of the rights a citzen has.

[WFTR]

The issue isn't what the law says. The issue should be whether the law is right. The Founding Fathers spoke of enemies, foreign and domestic. They understood that not everyone here was our friend and that enemies should be treated accordingly. Furthermore, suspicion of those who were not known to be either friends or enemies was wise and proper.

WFTR
Bill

[stimulate]

This law applies mainly to "due process".It doesn't mean that aliens have the same privileges that american citizenship confers,such as the right to vote.Aliens can also be deported.

[supercat]

The cited text does not state that aliens have all the rights of citizens, but rather that depriving them of rights they do have is a criminal offense.

Of course, the effect of this legislation, as worded, will almost certainly be to discourage government personnel from denying to aliens "rights" that they, as aliens, do not have.

Further, I think there needs to be firmer language [elsewhere] that knowingly abridging rights to citizens constitutes a breach of one's oath to the Constitution, and that breach of such oath constitutes grounds for removal from office.

[AzJP]

So, if you are a foreigner here on business, or a tourist, just what laws would apply to them if American laws don't?

And who would enforce them, cops from their own home country?

What this law says, is a foreigner here gets mugged, our laws allow our cops to go after the bad guys. Anyone that says "naw, the victim is a foreigner so let the mugger go" is a violator of this law.

Think about it.

Vice versa, you go to a foreign country, you think our cops are going to go there to protect you? No. You depend on the locals to not discriminate just because you're foreign to their country.

[MamaTexan]

'Alien' may not mean what you think it does.
I've been wading through the morass of the US Code and the Code of Federal Regulations for a couple of years now, and have discovered some very interesting things.

United States and State normally mean the same thing - Washington D.C, Virgin Islands, American Samoa, etc.

If something is in the US Code, it has to have a corresponding entry in the Code of Federal Regulations in order to be considered a 'law' (and the section you quoted does not)

You do not have to be a US citizen to live in the US. You can also be a US National, which is someone born in the 50 States.

Laws are enforceable on individuals in the 50 States, Codes, Statutes, and Acts are not.
(If you don't believe me, ask a friendly Judge where you might find a copy of the published rules for criminal prosecution under statutory juristiction.)

Always do a search for definitions in either of the Codes....it's a real eye-opener!

[Grut]

This law applies mainly to "due process".

Nope. To give a fuller quote, it applies to "the deprivation of any rights, privileges or immunities" and prohibits "different punishments, pains or penalties... than are prescribed for the punishment of citizens..."

[AzJP]

MT-

So, in your researched opinion, it's NOT illegal to deny a "law" solely because the defendant is not a U.S. citizen?

Thanks,
Amy

Let me be more explicit: a foreigner gets mugged and the cop says "So what, the victim is a foreigner?"

[Grut]

Laws are enforceable on individuals in the 50 States, Codes, Statutes, and Acts are not.

So I can keep my Guatamalan slaves?

Incidentally, the FBI's website seems to be under the impression it is an enforceable law:

Title 18, U.S.C., Section 242
Deprivation of Rights Under Color of Law

This statute makes it a crime for any person acting under color of law, statute, ordinance, regulation, or custom to willfully deprive or cause to be deprived from any person those rights, privileges, or immunities secured or protected by the Constitution and laws of the U.S.

This law further prohibits a person acting under color of law, statute, ordinance, regulation or custom to willfully subject or cause to be subjected any person to different punishments, pains, or penalties, than those prescribed for punishment of citizens on account of such person being an alien or by reason of his/her color or race.

Acts under "color of any law" include acts not only done by federal, state, or local officials within the bounds or limits of their lawful authority, but also acts done without and beyond the bounds of their lawful authority; provided that, in order for unlawful acts of any official to be done under "color of any law," the unlawful acts must be done while such official is purporting or pretending to act in the performance of his/her official duties. This definition includes, in addition to law enforcement officials, individuals such as Mayors, Council persons, Judges, Nursing Home Proprietors, Security Guards, etc., persons who are bound by laws, statutes ordinances, or customs.

Punishment varies from a fine or imprisonment of up to one year, or both, and if bodily injury results or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire shall be fined or imprisoned up to ten years or both, and if death results, or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.

[MamaTexan]

Incidentally, the FBI's website seems to be under the impression it is an enforceable law

To them, it is.
All Codes, Acts and Statutes are enforceable on any corporation or government entity, but not on individuals.

I can say I'm a 6 foot tall chesty blonde, but it doesn't make me one. :)

[MamaTexan]

Let me be more explicit: a foreigner gets mugged and the cop says "So what, the victim is a foreigner?"

No, if a person who is in the country gets mugged, his civil rights have been violated, and the law enforcement officer is obligated to try and find the criminal. It does not matter how the person got into the country, all that matters is he's here.

Civil law is very different from statutory law.
Individuals can and should be punished for commiting crimes against other people.

Statutory laws are 'crimes' against the State by an individual.
These are also known as victimless crimes.

Disclamer: I am not a lawyer, nor do I play one on T.V.

[inquest]

What statutory law says is pretty much irrelevant. The Constitution is clearly the higher authority. And unless anyone can come up with a convincing logical (i.e. non-emotional) argument to the contrary, it is readily apparent to me that whenever the Constitution decrees a blanket ban on government doing something (for example, "Congress shall make no law...") or when it explicitly protects the rights of each "person" (in its own word), then such protections would have to apply equally to non-citizens as to citizens.

[Grut]

All Codes, Acts and Statutes are enforceable on any corporation or government entity...

That's all it takes, in this case.

I can say I'm a 6 foot tall chesty blonde, but it doesn't make me one.

Why not? Heck, Hilary's gone from being beautiful to being beautiful and distinguished just on the power of words alone....