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Abortion, Civil Rights, Healthcare and other Social Issues Abortion, Civil Rights, Homosexuality, Education, Healthcare and other such issues

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Old 07-25-2007
varrussword varrussword is offline
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Seizing Property from Illegals

This is an interesting concept spawned from an ongoing case in Columbia TN. The local police received a tip that a child rapist was in a mobile home park so they conducted searches of the mobile homes in the area. Turns out aproximately 20 illegal aliens were rounded up. These illegals are now suing the local government for violating their first amendment rights.

Here's the question; do illegal aliens have a right to own property in the US?

In essence should the first amendment be extended to illegals?

Varus
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Old 07-25-2007
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Re: Seizing Property from Illegals

1) Source.

2) How does this have anything to do with the 1st Amenment? Perhaps you're thinking of the 4th?
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Old 07-25-2007
varrussword varrussword is offline
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Re: Seizing Property from Illegals

Quote:
Originally Posted by pramjockey View Post
1) Source.

2) How does this have anything to do with the 1st Amenment? Perhaps you're thinking of the 4th?


Quote:
The Maury County Sheriff’s Department has detained about 80 illegal immigrants since May, including 25 undocumented workers who were detained June 7. Some citizens and interest groups have accused the department of racial profiling.
http://www.columbiadailyherald.com/a...g_news/aaa.txt

and you're right I meant 4th.

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Old 07-25-2007
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Re: Seizing Property from Illegals

Quote:
Originally Posted by varrussword View Post
http://www.columbiadailyherald.com/a...g_news/aaa.txt

and you're right I meant 4th.

Varus

I'd say they have the right to own property, and the right to visit it whenever they can - legally.
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Old 07-25-2007
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Re: Seizing Property from Illegals

I think the idea that illegal aliens would have property rights is absurd, personally. In my opinion, they should be guaranteed rights inasmuch as they will receive humane treatment through any punishment/deportation process the way a citizen that is a criminal would and the right to whatever form of due process was applicable. I could also see a right to keep any property they brought from their native country, less the cost of processing/handling their relevant court precedings.
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Old 07-25-2007
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Re: Seizing Property from Illegals

I'm all for rounding up illegal scumbag aliens, but did they get the scumbag child rapist?
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Old 07-25-2007
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Re: Seizing Property from Illegals

To clarify... my rationale is that any monetary or property gains on the part of illegal immigrants were earned during the commission of a crime, by definition. It is my understanding that criminals are not entitled to keep money or property that they obtained illegally.
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Old 07-25-2007
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Re: Seizing Property from Illegals

Quote:
Originally Posted by drgoodtrips View Post
To clarify... my rationale is that any monetary or property gains on the part of illegal immigrants were earned during the commission of a crime, by definition. It is my understanding that criminals are not entitled to keep money or property that they obtained illegally.
Perfectly said...no reason to add anything else.
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Old 07-25-2007
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Re: Seizing Property from Illegals

Quote:
Authorities detained at least 13 suspected illegal immigrants Tuesday during a search for the suspect, Juan Villa, 24, at American Mobile Village in Columbia.
It was only 13.


If they're raising 4th Amendment rights issues, I'd hesitate to blow off their case just because they're illegal. It depends on how the searches were conducted. Does the police department have a right to come to your home, without a warrant, and demand identification and proof of citizenship?
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Old 07-25-2007
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Re: Seizing Property from Illegals

To me this pretty much sums it up...quoting the article:

“We are not doing a roundup,” he said. “We are not profiling anyone. What we are doing is our job.”

The sheriff said he will continue to work with federal immigration agents to detain illegal immigrants who are encountered during criminal investigations.

I highlite that last phrase there "during criminal investigations" ergo - they are investigating a crime that has already been committed and find that the perp was an illegal.

Jesus - what do the loonies want? They want them to turn them loose because "gee, it might look bad if we keep finding that the criminals are illegals" - what kinda horse shit is that?
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Old 07-25-2007
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Re: Seizing Property from Illegals

Quote:
Originally Posted by pramjockey View Post
It was only 13.


If they're raising 4th Amendment rights issues, I'd hesitate to blow off their case just because they're illegal. It depends on how the searches were conducted. Does the police department have a right to come to your home, without a warrant, and demand identification and proof of citizenship?
As long as there isn't a loophole for an "end-run", I don't have an issue. That is to say, I'm certainly opposed to police knocking down any door they want to on a block and carting illegals away from the behind the door or saying "our bad" and tossing out any incriminating evidence of anything in the event of a citizen.

But, I don't think that the best way to prevent this sort of Gestapo crap is to start assigning fourth amendment rights to illegals.
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Old 07-25-2007
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Re: Seizing Property from Illegals

No, illegals have no 4th amendment rights. They have already shown they aren't willing to follow our laws, and thus, should not receive full protection under the law. They only have the right to property they earned legally, ie: not here.
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Old 07-25-2007
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Re: Seizing Property from Illegals

Quote:
Originally Posted by iTaliAN_ICe View Post
No, illegals have no 4th amendment rights. They have already shown they aren't willing to follow our laws, and thus, should not receive full protection under the law. They only have the right to property they earned legally, ie: not here.
So should Colonel Tom Parker's estate have been confiscated by the government?

(that's right, Elvis Presley's manager was an illegal alien)

The 4th amendment doesn't give US citizens rights, it restricts what the government can do to anyone.

Everyone has a right to be secure in the property in the US, because the government is restricted from taking property without due process, and the 14th amendment says that everyone gets equal protection.
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Old 07-25-2007
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Re: Seizing Property from Illegals

Quote:
Originally Posted by goober View Post
So should Colonel Tom Parker's estate have been confiscated by the government?

(that's right, Elvis Presley's manager was an illegal alien)

The 4th amendment doesn't give US citizens rights, it restricts what the government can do to anyone.

Everyone has a right to be secure in the property in the US, because the government is restricted from taking property without due process, and the 14th amendment says that everyone gets equal protection.
What makes you think these amendments apply to illegals?
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Old 07-25-2007
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Re: Seizing Property from Illegals

Quote:
Originally Posted by goober View Post
So should Colonel Tom Parker's estate have been confiscated by the government?

(that's right, Elvis Presley's manager was an illegal alien)

The 4th amendment doesn't give US citizens rights, it restricts what the government can do to anyone.

Everyone has a right to be secure in the property in the US, because the government is restricted from taking property without due process, and the 14th amendment says that everyone gets equal protection.
I bolded, highlighted and underlined the immense importance of what you said that most people often fail to recognise to their own peril vis-a-vis their relations with their own creation and servant, the government--

The government never gave anyone these rights. That is actually ass backwards. The Constitution explains that the People always had these rights and they are inalienable and, further, that the People are creating a limited and compartmentalised government network to serve them and enumerating certain inalienable rights plus a catchall in the 9th Amendment mentioning that others may exist too besides those specified that the newly created servant government may never violate in any form to any degree.

The Fifth Amendment provides that:

Quote:
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
The Fourteenth Amendment provides that:

Quote:
[n]o 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.
The SCOTUS has long held that "person' means just that--a person. A person's immigration status is entirely irrelevant to that word. Thus, the SCOTUS has long held that they are entitled to the due process guarantees of the Fifth and Fourteenth Amendments. See, e.g., Plyler v. Doe, 457 U.S. 202 (1982); Shaughnessy v. Mezei, 345 U.S. 206, 212 (1953); Wong Wing v. United States, 163 U.S. 228, 238 (1896); Yick Wo v. Hopkins, 118 U.S. 356, 369 (1886). The SCOTUS has specifically held that the Fifth Amendment protects illegal aliens from invidious discrimination by the Federal Government. Mathews v. Diaz, 426 U.S. 67, 77 (1976).

Last edited by O'Sullivan Bere; 07-25-2007 at 09:41 PM.
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