Should Immigrants Be Entitled To Civil Rights?

Immigration ProtestImmigration Protest
One solution to America's illegal Alien dilemma would be modifying the language of the punishment phase of the law. The Government wants to negate the fact that they are falling short of their obligation to secure our country. They must reform the lenient penalties through Federal legislation. Instead of a $50 - $200 dollar fine, declare it punishable by a Military tribunal for breaking international law . Modify the status of the individual to an enemy combatant, which would subject them to a trial by Military Tribunal. Institute a blanket status of persona non grata to all Illegal Aliens. The fact that a deputy was shot by illegals trafficking in drugs, is provocation for undocumented foreigners, to be held accountable to a Military judicature. Our courts are for citizens that attained civil rights by birth and legal residents by following the applicable laws. Our Civil courts should not have to accommodate illegal foreign nationals. Human rights are not the same as civil rights.

The entitlement to council in a civil court is a Civil right. The privilege to await legal representation is not a human right. Nevertheless, the ACLU insists that foreign nationals here illegally have the right to council. Setting the terms in stone is another solution. Protect the laws from political activists, who twist and habitually alter the definition of human rights to Constitutional rights. Permitting the ACLU to define or rationalize the breaking of international law is moronic. Today, activists stand in the way of illegals being held accountable for breaking international law. Take the ACLU out of the equation. Declare their crimes punishable by Military tribunal. Illegal immigrants do not have Diplomatic immunity.

Debating the terminology has devalued our justice system immensely. Entering our country, illegally, is a crime. Amidst continual debates, the fact remains, illegal foreigners do not have civil rights. However, they are entitled to Human rights. They have the right to 'life', meaning; unauthorized nationals are entitled to the right: to humane treatment. We have graciously allowed Legal immigrants, to reside in our country; this is a privilege and can be denied and revoked at anytime. Legal immigrants are entitled to limited civil rights until they obtain citizenship. They must obtain a Certificate of Naturalization and take the Oath of Allegiance to fully earn their civil rights as Citizens.

Another solution is for Congress to ratify an exemption in the Posse Comitatus Act. Commission each state's Ranger Division to approbate the enlistment of national guardsman into the civilian agency with broader arrest authority. Once again, limit the ACLU's power. Broaden the authority of 'contracted' agents to help stop the gang violence, Identity thefts, drug trafficking, human trafficking, prostitution rings, and environmental degradation. Americans bare the burdens from the abuse of privilege, by illegal immigrants, everyday.

The economy is strained to the point that blame is misplaced. Congress is in charge of administrative laws. Administrative priorities are vastly misconstrued. Congress is largely concerned with supporting Bilateral Commerce, to uphold Border Relations, rather than reforming today's policy. Article 67 of Mexico's Population Law says, "Authorities, whether federal, state or municipal … are required to demand that foreigners prove their legal presence in the country, before attending to any issues."

Amidst hypocrisy concerns, the Mexican Embassy issued this statement:


Washington D.C., April 29, 2010

The Mexican Embassy, as a part of its efforts to protect Mexican nationals that reside, study, or visit the state of Arizona and could be affected when law SB1070 is put into effect, welcomes the legal actions that were announced today in Phoenix, Arizona, by a coalition of leading immigrant rights groups in the United States in response to the aforementioned law.

The Mexican Embassy will follow this decision closely and will continue to use all available means at its disposal to guarantee the integrity and human rights of Mexican nationals abroad. [SRE]

Should the government pick up the slack and shell out tax dollars, instead of the States, to house these felons? Illegal aliens are Foreign Nationals that pledge their allegiances to another country. Illegal aliens violate international law when they commit crimes against humanity. Examples of such crimes are human enslavement in trafficking, murder, and rape. Create a matter of first impression, set a proper precedence; declare a military commission will prosecute Illegal Immigrants, who commit crimes against humanity, under international law.

Illegal Immigrants are felons that have the potential to engineer the same amount of harm as terrorists. Illegal aliens have abused their civilian status far too long. The right to freedom of movement within National borders is often contained in the constitution or in a country's human rights legislation but these rights are restricted to citizens and excludes all others. If the government refutes aid to the States, the expense falls on the shoulders of Congress. If the government deems the new Arizona law unconstitutional, then change the status of illegal Immigrants from civilian to enemy combatant. Proving this theory, (and to denouce claims this is pure rhetoric) prior Secretary of the Navy Gordon England expressed the plausiblitilty this is acceptable, if the status of these felons were changed. England cites, "Detention of captured enemy combatants is both allowed and accepted under international law of armed conflict."

According to the Nuremberg Principles, murder and human trafficking crimes are punishable in Military court. Principle I states, "Any person who commits an act which constitutes a crime under international law is responsible therefore and liable to punishment." Principle VI section C exemplifies crimes against humanity are punishable in military court, not only war crimes, under international law. This would help alleviate the human trafficking, drug deals and murders committed by illegal foreign nationals.
Principle VI
(c) Crimes against humanity:

Murder, extermination, enslavement, deportation and other inhumane acts done against any civilian population, or persecutions on political, racial, or religious grounds, when such acts are done or such persecutions are carried on in execution of or in connection with any crime against peace or any war crime." [WP]

Under Title 8 Section 1325 of the U.S. Code, "Improper Entry by Alien" The fine for illegal entry is at least $50 and not more than $250 for each such entry (or attempted entry). The fine for Americans will be up to $2, 995, for not having Health care insurance. In contrast to the Health care penalty, the fine is ridiculously low for not acquiring citizenship. Moreover, the criminal status should be changed. These types of crimes should not be punishable in civilian court. This would abnegate all claims this is a civil rights and not a human rights issue.

Illegal aliens who commit a crime, such as rape, murder, and kidnapping, violate the Geneva Conventions. Article 27 of the Fourth Geneva Convention states, "Protected persons are entitled, in all circumstances, to respect for their persons, their honour, their family rights, their religious convictions and practices, and their manners and customs. They shall at all times be humanely treated, and shall be protected especially against all acts of violence or threats thereof and against insults and public curiosity. Women shall be especially protected against any attack on their honour, in particular against rape, enforced prostitution, or any form of indecent assault. Without prejudice to the provisions relating to their state of health, age and sex, all protected persons shall be treated with the same consideration by the Party to the conflict in whose power they are, without any adverse distinction based, in particular, on race, religion or political opinion. However, the Parties to the conflict may take such measures of control and security in regard to protected persons as may be necessary as a result of the war." [WP]

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Illegal Immigrants, convicted, in our courts are housed in our prisons, which is a civil system. Violation of International law is a threat to American citizens, national security, foreign policy, and to the economy. If illegal immigrants violate international law, why are they not held to Principle I of the Nuremberg Principles? They should be charged with a crime against Humanity, which is punishable by Military Tribunal. It is unconstitutional to prosecute American citizens by military tribunal unless they are declared enemy combatants. The same cannot be said of foreign nationals.

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Click to read the Mexican Embassy Statement