Tuesday, February 21, 2017

They neglected to mention that we do not live in that era any longer.

right. lol. sure we don't.

i don't know what it means to suggest that illegal immigrants have free speech rights. it's some kind of contradiction in terms. what being an illegal immigrant means is that you get deported as soon as anybody finds out. otherwise, you're not illegal.

i understand that the fourteenth amendment exists, and i'm not denying the importance of due process. but, at the end of the day, if you're illegal then you're illegal; due process means a judge throws you out of the country. and, an illegal still can't actually bring a case to trial - lest they end up deported, even if they win.

so, even if you want to take an abstract position that illegal immigrants have first amendment rights due to the fourteenth amendment, it's something that only exists on paper. the court would have to treat the issues as two different things. it might first rule on the first amendment issue and deduce that the dismissal is wrongful. but, it would then promptly deport the claimant. so, of what value is it?

it's consequently correct to argue that migrants don't have any legal rights to stand up for, because they'll get deported the moment they try to stand up for them. the actual substantive rights that migrants have are restricted to ensuring that they are treated humanely and get a fair trial in the process of being deported - and, as we can see, it's difficult to get the government to even observe these rights.

http://www.salon.com/2015/05/14/on_one_hand_obama_applauds_immigrant_activists_as_a_texas_case_argues_that_unauthorized_immigrants_have_no_first_amendment_rights/