Thread: Immigrants' Group to Take US Government to Court

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Immigrants' Group to Take US Government to Court
By Cindy Saine
Miami
25 September 2006


A coalition of immigrants' rights groups has announced plans to file a lawsuit against the U.S. government on behalf of U.S.-born children of undocumented immigrants. Advocates told supporters at a Miami rally that the children of illegal immigrants live in constant fear of having their parents deported.

About 150 immigrants and their supporters, waving American flags, turned out for a peaceful rally in a Latino neighborhood of Miami. The leader of a group called American Fraternity, Alfonso Oviedo, announced plans to file a class-action lawsuit against the U.S. government.

Children of illegal immigrants born on U.S. soil automatically receive American citizenship, but their parents are still subject to deportation. Oviedo pointed to the fate of three young girls brought up on stage at the rally.

"Our position is that now it would be a violation of the children's civil rights to remove their parents from them," said Alfonso Oviedo. "You just saw a circumstance out there in the demonstration where three young girls, about 11, 10 and nine, had their mother removed last month. And they were unable to talk when they were called to the podium. They got there, but then they only cried."

The girls' mother was deported to Honduras. The coalition is representing 10 children so far, and is inviting other families to join the lawsuit.

Under U.S. immigration law, the American citizen-children of illegals are not deported. A spokesman for U.S. Immigration and Customs Enforcement, Michael Keegan, said people who come to the United States illegally and start families are building houses in the sand. Keegan said they should be aware of the consequences.

"The consequences are, despite the fact they have a US citizen or not, they don't have legal status in this country, and they cannot adjust their status just because they have a U.S. citizen child," said Michael Keegan. "They are susceptible to arrest and deportation from the country regardless of that child."

Oviedo said he believes what is needed is comprehensive immigration reform to give legal status to the estimated 12 million undocumented immigrants already in the United States.

This week, the Senate is debating legislation on border security and immigration reform, but chances for the passage of a comprehensive reform this year are considered slim.

Oh boy, here we go. Maybe the Supreme Court will finally do something about this anchor baby situation. May get interesting.

It wouldn't matter if they did make them legal, there never be an end to this. They will sue the government and everyone constantly to try to get everything they want. American citizens have to live with lots of laws and things that we don't like but most of us are not sueing the government. Our government has created a monster that will cause them much grief and unfortunately the citizens that live in this country. They will never be happy here, it will always be something, so I think the best thing for everyone concerned is to send them home if they don't like our laws.

Amendment XI: Lawsuits against states
The Eleventh Amendment was proposed on March 4, 1794, and ratified on February 7,1795. However, the amendment was not proclaimed until 1798 because of delays that occurred in certifying the ratification.The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.
OUR GOVERNMENT MISS- USING OUR FUNDS
Section 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.

Constitution Day Materials, US Constitution, Pocket Constitution Book, Declaration of Independence, Bill of Rights
http://www.constitutionfacts.com/constitution/Other.htm

WHEN THE LAW IS AGAINST YOU....ARGUE THE FACTS
WHEN THE FACTS ARE AGAINST YOU..ARGUE THE LAW.....WHEN BOTH ARE AGAINST YOU...ATTACK THE MAN.....

Click here: FindLaw for Legal Professionals - Case Law, Federal and State Resources, Forms, and Code
http://caselaw.lp.findlaw.com/casecode/ ... _1401.html
US CODE 8 CHAPTER 12
Section 1401. Nationals and citizens of United States at birth
The following shall be nationals and citizens of the United
States at birth:
(a) a person born in the United States, and subject to the
jurisdiction thereof; (b) a person born in the United States to a member of an
Indian, Eskimo, Aleutian, or other aboriginal tribe: Provided,
That the granting of citizenship under this subsection shall not
in any manner impair or otherwise affect the right of such person
to tribal or other property;
(c) a person born outside of the United States and its outlying
possessions of parents both of whom are citizens of the United
States and one of whom has had a residence in the United States
or one of its outlying possessions, prior to the birth of such
person;
(d) a person born outside of the United States and its outlying
possessions of parents one of whom is a citizen of the United
States who has been physically present in the United States or
one of its outlying possessions for a continuous period of one
year prior to the birth of such person, and the other of whom is
a national, but not a citizen of the United States;
(e) a person born in an outlying possession of the United
States of parents one of whom is a citizen of the United States
who has been physically present in the United States or one of
its outlying possessions for a continuous period of one year at
any time prior to the birth of such person;
(f) a person of unknown parentage found in the United States
while under the age of five years, until shown, prior to his
attaining the age of twenty-one years, not to have been born in
the United States;
(g) a person born outside the geographical limits of the United
States and its outlying possessions of parents one of whom is an
alien, and the other a citizen of the United States who, prior to
the birth of such person, was physically present in the United
States or its outlying possessions for a period or periods
totaling not less than five years, at least two of which were
after attaining the age of fourteen years: Provided, That any
periods of honorable service in the Armed Forces of the United
States, or periods of employment with the United States
Government or with an international organization as that term is
defined in section 288 of title 22 by such citizen parent, or any
periods during which such citizen parent is physically present
abroad as the dependent unmarried son or daughter and a member of
the household of a person (A) honorably serving with the Armed
Forces of the United States, or (B) employed by the United States
Government or an international organization as defined in section
288 of title 22, may be included in order to satisfy the
physical-presence requirement of this paragraph. This proviso
shall be applicable to persons born on or after December 24,
1952, to the same extent as if it had become effective in its
present form on that date; and
(h) a person born before noon (Eastern Standard Time) May 24,
1934, outside the limits and jurisdiction of the United States of
an alien father and a mother who is a citizen of the United
States who, prior to the birth of such person, had resided in the
United States.
SO WHAT IS WRONG WITH THIS PICTURE ANCHOR BABIES ARE -NOT CITIZENS..... HAVING SAID THAt....and we need to keep making the same laws over and over...congress left this bill which would have re-enforced this law sitting unresolved...
90 days work for a $163,000 job...they don't know how to do....

We are going to have to knock the illegals out of the way so the terrorist can have their day in court to!

We are going to have to knock the illegals out of the way so the terrorist can have their day in court to!

I hear that! Its time for Americans to just say NO!

I agree that the kids should not be separated from their parents--deport the kids as well. In general, kids don't have 'adult rights' until they're adults. Besides, the anchor babies should not be automatically deemed as citizens while they are minors until the legality of their parents is determined.

This arguement could also be used by the children of convicted criminals whose parents are locked up. Breaking the law is a voluntary choice of these parents. It is their own fault if their children suffer because of the parents bad choices.
Trying to solve the illegal alien problem by declaring they are now legal will not fix anything.

Breaking the law is a voluntary choice of these parents. It is their own fault if their children suffer because of the parents bad choices.

Exactly. I'm sure there are alot of people that were doing illegal things to make their childrens life better and got caught. What's the difference?

If they're deported they act like it's to the moon. How many children of divorce have to settle with letters, phone calls and infrequent visits? No one even committed a crime, just a major mistake. What makes their loss of a parents contact any less painful? They could move closer to the border and have the children cross back and forth legally. They act like the contact is lost forever. Divorced parents of children have had to find creative ways to keep the bond going. Their life isn't stress free in order to make it happen. You just do the best you can. There's parents who have jobs that take them away from their kids for extended periods of time. What about the service men and women and their children? You have to live with the consequences of your actions and choices. How many have families they left in Mexico or elsewhere and then start a new family here as well? How many women have committed crimes and had their children in prison, to then have them taken? Their pain any less or more valuable? Deporting isn't the problem. Breaking the law is.