Quote:
Originally Posted by MakoMike
The only thing that he is implyign is that the provisions of the law may violate the illegal's consitutional rights. As the othr Mike pointed out, eveyone in this country has the rights granted by the constitution ( which is tha main reason Bush sends all the "detainees" to Cuba) IOW whether they are here legally or not they still have rights.
|
Actually, the naval base at Gitmo is a US territory, under lease from Cuba. The fact that Castro doesn't accept it as such doesn't change its legal status for the courts here. The detainees there do have the protection of US law in some respects, at least. A couple have been granted legal relief by the Supreme Court, in an opinion written by the most conservative Justice on the Court, Scalia.
Here's an example of how the Constitution says "citizens" when it means citizens, and "persons" when it means anyone, even illegals:
Amendment XIV
Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.