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It’s Time For Civil Rights For American Citizens

By Greg L | 24 August 2014 | National Politics, Illegal Aliens | 11 Comments

Those concerned about how illegal aliens are eligible to obtain special privileges not available to citizens because of their unlawful status may take heart in the fact that when these privileges involve rights protected under the U.S. Constitution, the grant of this special treatment is likely in violation of federal law.  Not only that, but the persons granting these exceptions are specifically subject to criminal sanctions that superseded the normal immunities available to government officials for official acts.  Not that the law was written with the intent of protecting citizens this way, but the plain language of the law is not too hard to discern.

Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section 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. (18 U.S.C. §242)

We already see plenty of special privileges extended to illegal aliens lately, whether it be that they’re excepted from providing valid identification to the Transportation Security Administration before boarding a flight, obtaining immunizations before enrolling in school, establishing legal domicile in a state in order to qualify for in-state tuition rates, qualifying for federal entitlement programs or being subject to penalties for failure to file income tax returns with the Internal Revenue Service.  The list of special exceptions to the law that are afforded to illegal aliens, but not American citizens is lengthly and growing.  Should anyone take exception to a specific instance and successfully prove that a constitutionally-protected right was involved that this law concerns itself with, some government officials are going to end up in jail especially if “fair notice” of such discriminatory treatment had previously been provided sufficient to satisfy the standard established by United States v. Lanier, 520 U.S. 259 (1997).

Boy, would that change things quickly.

Civil rights laws protecting non-citizens from unfair treatment had to be crafted in a way as to ensure the standards applied to citizens and aliens were identical, otherwise they couldn’t possibly pass constitutional muster since similarly-situated people have to be treated in similar ways under the 14th Amendment and longstanding legal precedent. While the intent when these passed were to afford protections for aliens, the plain language of these laws does provide protections for citizens when they’re subjected to a different standard absent some reasoning that would survive the application of the legal standard of “strict scrutiny” that applies to all constitutionally-protected rights.

This presents an interesting legal opportunity to reign in all sorts of recent government malfeasance.  I sure hope some attorney out there takes advantage of this opportunity to protect the interests of America’s most recent downtrodden class - the American citizen.



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11 Comments

  1. Anonymous said on 25 Aug 2014 at 7:10 am:
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    Paid for and brought to you courtesy of Barack Obama, Mark Warner, Jim Foust, and their democratic cronies on Boards of Supervisors and City Councils everywhere.

  2. Anon said on 25 Aug 2014 at 3:29 pm:
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    @7:10. . . Amen, and please vote in November. Let’s turn Mark Warner on his liberal ear for starters!

  3. Citizen12 said on 25 Aug 2014 at 7:53 pm:
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    I recently heard a news report that Virginia is buckling to pressure from the feds concerning recently smuggled illegal children. Powers that be are in the process of violating its own state law requiring immunization proof by reclassifying illegals in order to bypass this requirement and get these people into schools this fall, enabling them to worry about vaccination proof later.

    Is this shady action accurate and what is the risk to the children in our school system?

  4. Cynic said on 25 Aug 2014 at 10:10 pm:
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    Citizen 12,

    According to what I have seen and heard from various sources, the risk is high that whatever infectious deceases these unaccompanied illegal are carrying will be passed on to the children of our citizens.

    And, you can be sure that neither the feds. or the state(s) are concerned about this health problem. Their goal is to bring in as many illegals as possible and then give them amnesty - and welfare benefits.

    Anon, Good luck. Have seen no indication of a ground swell for the republicans. Like Scott in Wisc. - he is running even with the opponent and this is the situation in other states.

    Like the Virginia professor reports here:

    http://www.politico.com/magazine/story/2014/08/reading-the-2014-tea-leaves-110325.html#.U_v2dKMXMdY

  5. Doug Brown said on 26 Aug 2014 at 8:53 am:
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    Well they may not be immunized but they will get I-Pads at Osbourn if they are freshmen and sophomores.

    Right now Border Agents and ICE agents are being denied their basic civil rights and almost every legal avenue that should be available to them for reporting what is happening at the border and what is happening to them. Agents who are getting sick on the job from their contact with sick border crossers are being denied medical claims at work, workmen comp claims when filed and they are being forced to take their own sick leave. Managers who are enforcing a strict code of silence and who are retaliating against officers who insist on reporting what they are legally required to report are being rewarded. One was recently named employee of the month by the SAC in El Paso. Do you think they care what happens to your kids? Federal authorities will use the same extralegal methods and intimidation tactics on state and local leaders as they do on their own employees. The number 2 official at DHS is the same official who just headed up USCIS and put in place the bureaucratic mechanism (primarily at the NBC in Lees Summit MO) to process the DACA applicants and which will now process the UACs. He is the same official who is threatening federal employees if they speak with Congress . He is a former US Attorney and yes he is the same official that your current Governor called to get his Chinese investors EB5 visas cleared when he was bringing jobs to… Mississippi.

  6. Anon said on 26 Aug 2014 at 3:11 pm:
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    Citizen 12,

    Reality sucks. . . I am looking for voter anger to turn out those that are offended by Warner’s total support of the obummer agenda. Warner is a great supporter of an agenda that is bad for Virginians. For example the War on Coal has a great impact on the citizens and economy of the commonwealth. . .

  7. Cynic said on 26 Aug 2014 at 4:25 pm:
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    Of course - everything for the illegals; nothing for the citizens.
    Like, how many coal miners are illegals?

  8. Citizen12 said on 26 Aug 2014 at 8:34 pm:
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    Thanks for all your replies.

    My suspicions have been confirmed re illegal kids.An interesting piece I came across PLYER V DOE and educating the illegal alien child.

    https://www.k12.wa.us/MigrantBilingual/pubdocs/PlylervDoe.pdf

    Politico outlook for the senate is a bit grim. Reality is a bit stinky at the present but with historical mid term voter turn out I’m spreading the word like last time we only need more of us than them and its very doable at the mid term.

    The long term planning by the subversive elements within our government seems to be paying off and they don’t even seem to mind being called out anymore.

    It a shame what they have done to ICE and Border agents abilities to be effective for the American people over the last few years.

    I know of the number two at DHS, practically an honorary member of the Hillary Rodham family. Alejandro is quite a piece of work. Thanks to Harry Reid’s rule change in the senate all debate has been virtually eliminated on these types of appointments.

    http://www.foxnews.com/politics/2013/07/24/investigation-into-dhs-official-using-his-power-to-help-hillary-clinton-brother/

    http://michellemalkin.com/2013/12/13/culture-of-corruption-the-dems-dangerous-dhs-pick/

  9. Doug Brown said on 27 Aug 2014 at 10:30 am:
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    Citizen 12

    Here’s a great quote at the end from the former head of the AILA;

    The legal experts said Obama also has plenty of authority to provide more work opportunities to those waiting in line for green cards; to make it easier for foreign students to remain in the United States and work after getting their degrees; and to expand the “parole in place” program, allowing relatives of U.S. citizens in the country illegally to seek permanent residency without having to leave the country first.

    “Discretion — the president’s ability to make decisions based on enforcement priorities — is all over the immigration statute. In fact, you wouldn’t be able to enforce the immigration statute without the ability to decide what are our priorities,” David Leopold, former head of the American Immigration Lawyers Association, said Tuesday. “There’s really no legal argument, no reasonable legal argument, against it.”

    Read more: http://thehill.com/homenews/administration/216022-obama-pressed-to-expand-deportation-program-for-millions-of#ixzz3BbZnm1KF
    Follow us: @thehill on Twitter | TheHill on Facebook

    In other words in the view our legal experts the President can do whatever he wants regardless of other laws violated because when it comes to fixing our immigration system only immigration statutes are relevant.

    And it is worth noting that AILA has been criticized in at least one DHS OIG report for exercising an excessive and detrimental impact on USCIS, leading to an unhealthy relationship and charges of cronyism. I know of one former no.2 at AILA who became general consul at USCIS who was charged with burying employee reports of senior management level misconduct, some criminal in nature, during the Bush Administration. Talk about an unhealthy relationship and holding leverage over an organization.

  10. Doug Brown said on 27 Aug 2014 at 10:30 am:
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    Citizen 12

    Here’s a great quote at the end from the former head of the AILA;

    The legal experts said Obama also has plenty of authority to provide more work opportunities to those waiting in line for green cards; to make it easier for foreign students to remain in the United States and work after getting their degrees; and to expand the “parole in place” program, allowing relatives of U.S. citizens in the country illegally to seek permanent residency without having to leave the country first.

    “Discretion — the president’s ability to make decisions based on enforcement priorities — is all over the immigration statute. In fact, you wouldn’t be able to enforce the immigration statute without the ability to decide what are our priorities,” David Leopold, former head of the American Immigration Lawyers Association, said Tuesday. “There’s really no legal argument, no reasonable legal argument, against it.”

    Read more: http://thehill.com/homenews/administration/216022-obama-pressed-to-expand-deportation-program-for-millions-of#ixzz3BbZnm1KF
    Follow us: @thehill on Twitter | TheHill on Facebook

    In other words in the view of our legal experts the President can do whatever he wants regardless of other laws violated because when it comes to fixing our immigration system only immigration statutes are relevant.

    And it is worth noting that AILA has been criticized in at least one DHS OIG report for exercising an excessive and detrimental impact on USCIS, leading to an unhealthy relationship and charges of cronyism. I know of one former no.2 at AILA who became general consul at USCIS who was charged with burying employee reports of senior management level misconduct, some criminal in nature, during the Bush Administration. Talk about an unhealthy relationship and holding leverage over an organization.

  11. Karla Homolka said on 6 Oct 2014 at 8:43 am:
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    CVS now attaches “TB testing” ads to each prescription.

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