USA Today / ACLU tell illegals what to do if ICE comes knocking

Illegal aliens have rights.

But if you've been jailed for pot, you can't own a gun or vote.

a reply to: AugustusMasonicus

Vehicular offenses like speeding and parking are not criminal offenses.

My brother was a cop for many years. They were told to treat each traffic offense as a crime and if asked, to explain it as such.

originally posted by: DBCowboy
But if you've been jailed for pot, you can't own a gun or vote.

I never really understood that one.

originally posted by: redoubt
My brother was a cop for many years. They were told to treat each traffic offense as a crime and if asked, to explain it as such.

It is still not a criminal offense, you do not go to criminal court when contesting a typical parking or speeding ticket, you go to traffic court.

a reply to: AugustusMasonicus

It is still not a criminal offense, you do not go to criminal court when contesting a typical parking or speeding ticket, you go to traffic court.

It depends on which side of the street one lives.
On one side, traffic rules and regulations mean nothing.
Court dates for tickets mean nothing.

But... this is an entirely different subject.

originally posted by: redoubt
It depends on which side of the street one lives.

I am not saying a routine traffic stop cannot escalate into something else but the traffic summonses themselves are not criminal.

originally posted by: AugustusMasonicus

originally posted by: redoubt
It depends on which side of the street one lives.

I am not saying a routine traffic stop cannot escalate into something else but the traffic summonses themselves are not criminal.

Fair enough.

originally posted by: AugustusMasonicus
a reply to: brutus61



Yick Wo v. Hopkins (1886).

Wong Wing v. U.S. (1896).

Plyler v. Doe (1982).

After briefly reviewing two out of three of your sources I firmly disagree with you on their meaning. Example the Wong Wing case is about remanding someone to hard labor for being an illegal but they can in fact be deported for such status. I will review them fully at another time but I believe this an attempt to twist something to fit an agenda.

originally posted by: DBCowboy
Illegal aliens have rights.

But if you've been jailed for pot, you can't own a gun or vote.

When ice is knocking on doors they only have accusations that their target is illegal. And just like with any crime investigation (including the pot head) the accused is presumed innocent until they are proven otherwise.

Nown that pot head of yours; prior to going to jail and loosing his right to vote; he did have a right to refuse entry into his home to an LO with out a warrant. And he had the right to reman silent.

a reply to: brutus61

So you are saying that it is not settled law that anyone in the United States has rights? You would be very, very wrong. Also, you are not 'disagreeing' with me, you are doing it with the Supreme Court.

The cases I listed were directly responsible for granting equal protection on anyone here. Are these attorneys all incorrect?

Even if you're in the United States without permission or proper immigration documents, various sections of the U.S. Constitution apply to you. There is a particularly important provision of the Fourteenth Amendment stating that, "No state shall . . . 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." Source

Aliens also receive treatment very similar to the treatment that U.S. citizens receive in the context of the judicial system. For instance, the Fifth and Fourteenth Amendments of the United States Constitution apply to aliens residing within the United States. As such, the courts guarantee aliens the right to due process of law and equal protection of the laws. Courts have generally construed the Fourth Amendment as applicable to aliens as well. The Fourth Amendment prohibits the government from conducting unreasonable searches and seizures. Source

Both of those links will site the same cases I gave you.

a reply to: DBCowboy

That's not exactly true...I own many legally obtained firearms and have been arrested for pot 2 times now. One I had to plead down to a lesser charge to avoid a felony. It does, however depending on your states laws as some are much stricter than others. I just choose to avoid those places though.

a reply to: AugustusMasonicus

that's not exactly true, granted the vast majority of tickets are considered civil infractions there are criminal speeding crimes.
most states have them and you can go to jail over them.

here from a state that has a high numbers of " undocumented aliens".

There are three ways to be charged with criminal speeding in Arizona.
Pursuant to A.R.S. §28-702.02, they are:
1.Driving over 35mph in a school zone;
2.Driving over 20mph above the posted speed limit. (If no speed limit is posted, i.e. rural areas, anything over 45mph will qualify); and
3.Driving over 85mph on the highways and freeways.

Criminal speeding is a class 3 misdemeanor. The maximum penalty is 30 days in jail, a $500 fine plus an 83% surcharge, and up to one year of probation.
Collateral consequences of a criminal speeding charge can include:
Three points on your license.
License suspension (if you have too many points already).
Increased insurance rates. Your vehicle can be towed.
You can be arrested (it’s rare but has happened because it’s a criminal charge).

What is criminal speeding in Arizona?

a reply to: AugustusMasonicus

That was a complete bastardization of the 14th.

Because it begins like so.

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; 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.

www.law.cornell.edu...

ILLEGAL immigrants are neither born here or naturalized.

a reply to: RickyD

I don't want to split hairs here. Just trying to point out that illegals seem to have more rights than many innocent American citizens.

originally posted by: neo96
That was a complete bastardization of the 14th.

I suppose in that case you should dust off your law degree and petition the Supreme Court to review their previous rulings on the matter.

a reply to: neo96

I could be wrong but I think it is because of this part you quoted:

nor deny to any person within its jurisdiction the equal protection of the laws.

If they are in our borders, they are within our jurisdiction.

originally posted by: hounddoghowlie
that's not exactly true, granted the vast majority of tickets are considered civil infractions there are criminal speeding crimes.

I addressed that in a later post when I said the typical summons is not a criminal offenses.

originally posted by: AugustusMasonicus

originally posted by: redoubt
Anyone who breaks any law, is, basically, a criminal. It can be something simple... like failing to pay a parking ticket or exceeding the speed limit.

Vehicular offenses like speeding and parking are not criminal offenses.

They are when you don't have a valid driver's license because you are illegally in the country and you also have no insurance.

a reply to: FauxMulder

If someone is going to quote the 14th.

They should quote all of it.

ALL persons born here or naturalized.

That is who they were talking about.

They were not talking about people that refuse to obey US LAW and cite US law as a defense to IGNORE US LAW.

originally posted by: TheBulk
They are when you don't have a valid driver's license because you are illegally in the country and you also have no insurance.

Those are not vehicular offenses, those are criminal statutes.