Thread: Out of the box proposal/tactic-illegal immigration.

This is the reply I got:

Sovereign immunity usually means that the government cannot be sued unless it has specifically legislated that away.
It's true for the federal government, and states invoke sovereign immunity too. There would have to be a statutory waiver of sovereign immunity to sue the fed for very specific things, and an administrative process you have to exhaust first. Ex.: Freedom of Information Act requests. Denials can be appealed, and one could sue in federal district court, but only once the administrative appeal process has been exhausted. People are allowed by law to sue the fed under the Federal Tort Claims Act for specific things, once the claims administrative adjudication process is complete. Suing individuals in the government is different--they can be sued for wanton, willful acts of negligence or wrongdoing.

If the government's action or inaction places a burden on states, it's almost like an "unfunded mandate" if states are required by federal law to handle something for which no federal funds have been appropriated. If the government's action or inaction places a burden on private entities, there probably has to be a specific waiver of liability to claim for it. There are some limited instances in which individuals can sue IRS for damages, for instance, but those are be well-defined.

Having said all that, you can always file suit--the question is whether you'll recover. Most of those suits would be dismissed (lack of jurisdiction or failure to state an actionable claim). It's been awhile since I've defended the government, but it's not easy to sue the government successfully.

What about lawsuits to counties and states for dereliction of duty for not protecting their citizenry, like when you are harmed,robbed or in an accident and the guilty party is found out to be illegal,and has been apprehended before?



Head 'em up,move 'em out Rawhide!

As W has said before the actual realistic possibilities surrounding these kind of suits are unknown. No one has been able to explain how to sue government agencies and/or public officials over the invasion.

If you understand law, and can figure out a way to sue then please explain it.

Originally Posted by Rawhide

What about lawsuits to counties and states for dereliction of duty for not protecting their citizenry, like when you are harmed,robbed or in an accident and the guilty party is found out to be illegal,and has been apprehended before?
!

You would need to check the specifics for the particular counties/states.