The Original Tree
Diamond Member
- Thread starter
- #121
One more time, an Illegal who commits a crime can be tried for that crime in The US because we have a treaty with the country of their origin and jurisdiction to allow prosecution of them.Just Wrong. Jurisdiction refers to country of origin in which one is a citizen and has the rights and responsibilities granted that citizen in that country.That power has to be delegated somewhere or it is unConstitutional and null and void, from Inception if we have to quibble about it in Any serious venue.
The Power to regulate Immigration was always assumed to exist since the inception of America. It was further defined in The 14th Amendment.
The 14th Amendment discusses persons who already have legal status in The US, and whom The United States has Jurisdiction over.
The United States does not have Jurisdiction over Foreign Nationals, so therefore, the 14th Amendment only applies to legal residents with legal status in The US who The US has Jurisdiction over, therefore making them subject to US law, and afforded the rights and protections persons of Legal Status are guaranteed.
Illegal Aliens have No Legal Status in The United States so this is why they can be removed from The US and deported back to their country of Origin. Their country of origin is who has legal jurisdiction on them.
You cannot deport a US Citizen, like you can a Foreign National or Illegal Alien.
Also The Anchor Baby Scenario is a Myth, and is nothing but a political football. Eventually that myth will be shattered by SCOTUS when the right case is brought before it.
DACA is also illegal and is not lawful.
This too at some point will be shot down.
The United States does have jurisdiction over anyone on US soil with the exception of foreign diplomats. Illegals have the right to petition the US courts in regards to immigration laws. They also have the same rights as any US citizen in any court in the land.
The Anchor baby scenario is enshrined in the 14th Amendment. You don't have to be a lawyer to understand what it means. What you want is the Supreme Court to ignore the Constitution and substitute their political judgment.
DACA is legal at the very least under contract law. Obama agreed to defer any deportation as long as they met the requirement of undergoing training or have a job. That is a very Republican idea. I have no doubt that Ronald Reagan would have supported it.
The Jurisdiction which presides over an Illegal Alien is Their Country of Origin in which they have citizenship. This is why they are deported back to the country which has Jurisdiction over them.
They are remanded over via deportation to the proper jurisdiction, and that is their country of origin.
You are wrong. This is the definition of jurisdiction.
the official power to make legal decisions and judgments.
"federal courts had no jurisdiction over the case" ·
authority · control · power · dominion · rule · administration · command · sway · leadership · sovereignty · ascendancy · hegemony · mastery · say · influence
Clearly a illegal can be held, tried and confined if they commit any crime. Only foreign diplomats do not fall under the jurisdiction of the US courts. El Chapo was a Mexican citizen not a US citizen yet he was tried is US courts and will be confined in a US facility.
- the extent of the power to make legal decisions and judgments.
"the claim will be within the jurisdiction of the industrial tribunal"- a system of law courts; a judicature.
"in some jurisdictions there is a mandatory death sentence for murder"- the territory or sphere of activity over which the legal authority of a court or other institution extends.
"several different tax jurisdictions"
That country usually also has a signed agreement with The US to prosecute US Citizens who commit crimes in their country. Without such agreements you can not prosecute them, and there are countries that do not have any Extradition Treaties with The US. Criminals usually flee to such countries.
If you did not have an agreement with the country of origin who has jurisdiction over them, the only thing you could do was deport them.
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