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Junior Master Dwellar
Join Date: Mar 2003
Location: Kingdom of Atlantia
Posts: 2,979
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These illegal immigrants were on private property, trespassing, and the owner of the land has a legal right backed by precedence to detain them until law enforcement arrives. Once LE arrives is when Habeas comes into the argument. Habeas only comes into play when we're talking about government authorities detaining people.
Habeas Corpus does not apply to non-citizens. The US Constitution is a contract between US citizens and the federal government. Regardless of what "case law" may imply, non-US citizens, especially known enemies captured during wartime and held outside of US territorial jurisdiction, are not protected by the US Constitution. More info about Habeas here. Now, when we're talking about detaining people for purposes of calling the US Border Patrol, that falls under Citizen's Arrest statutes. Quote:
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Secondary question: how is it that illegal immigrants are ALLOWED to sue US Citizens for infringing on their civil rights, when they don't have US civil rights to begin with? They have Mexican civil rights, but the incident didn't happen in Mexico, and isn't against a Mexican. The more I think about shit like this, the more I want to move out of this God forsaken place.
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Impotentes defendere libertatem non possunt. "Repetition does not transform a lie into a truth." ~Franklin D. Roosevelt |
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