Can Americans infected by diseased illegals sue President Obama?

By Eric Golub, Communities Digital News

July 9, 2014

What, me worry? / White House photo, United States Government works license

SAN FRANCISCO, July 9, 2014 — The crisis at the Southern border is getting worse, and tensions are running high on both sides of the illegal immigration debate. President Obama knows that allowing as many illegal immigrants as possible into America increases his chances of creating a permanent liberal governing majority. By opening the borders and plying illegal immigrants with services, he can make them a loyal voting bloc for the Democratic Party.

While securing America’s borders to the North and South is a matter of national security, the recent flood of illegal immigrants has created a humanitarian crisis. First the illegal immigrants were exploited by the Obama Administration, which tacitly implied that amnesty for all was the new policy. The illegal immigrants were then exploited by coyotes. Now they are being exploited by Obama and congressional liberals willing to let third-world human beings die under the fake guise of compassion. The illegal immigrants are being kept in internment camps with unsanitary and unsafe conditions.

Some of these illegal immigrants are carrying communicable diseases. The mere mention of this leads to the inevitable liberal accusations of racism. The race card does not deserve to be dignified, but it is the left’s worst canard to the idiocy box. The illegal immigrants of Honduras, El Salvador, and other similar nations happen to have brown skin. They are not as white as most European Americans.
This is irrelevant to the disease discussion. What matters is that the countries they come from do not have the same stringent rules for monitoring health issues. Reports of everything from lice to tuberculosis are a major cause for concern.

President Obama is demanding $3.7 billion to assist in providing the illegal immigrants shelter and vaccinations, but Republicans are balking. The GOP argument is that Obama deliberately created the crisis for political gain, and he should not be give money to fix his own mess badly. None of the money Obama is requesting is to be allocated for border security.

Perhaps another approach would work better. Obama recently mocked Republicans fed up with his abuse of executive orders. His cavalier “so sue me” response was as undignified as it was malicious. While lawsuits from Republicans may not sway him, legal action by ordinary citizens could make a difference.

The Supreme Court ruled in the 1990s that the President of the United States could be sued civilly while in office. The 9-0 ruling allowed Paula Jones to get some measure of justice from Bill Clinton.

The legal case against Obama involves hypothetical actions that begin with actual events. One actuality is that illegal immigrants are flooding the United States en masse. Another involves communicable diseases. The hypothetical is a plausible, logical next step that begs a fascinating legal question. Once the communicable diseases inevitably get communicated, infecting American citizens, do those citizens have a right to sue either Obama personally or his administration?

The idea will be dismissed by Obama supporters as farfetched, but is it? Obama has an obligation to protect Americans. His highest constitutional duty is to protect Americans from all threats foreign and domestic.

The danger of such a lawsuit is that others may try to extend it to any negative occurrence under the fig leaf that a president “should have known.” Most reasonable people would not make this claim with acts of war such as Pearl Harbor 9/11, or even the Benghazi attacks. Sometimes very bad stuff happens. That is for politicians to argue and historians to debate ad nauseum.

The border crisis is different. President Obama is well aware of the problem. His words encouraged illegal immigrants to come. He knows there is a health scare that needs to be contained immediately. If Americans do come down with tuberculosis, the argument that his negligence caused their illness would not be crazy.

Is such a scenario actionable in a court of law? Would Americans with contracted illnesses have standing to sue?

This is not about issues of race or class, or whether illegal immigration is good or bad for America. The discussion over whether these people are a net plus or minus is a separate political issue. The narrow issue broached here is whether the spread of harmful diseases is a foreseeable problem that Obama caused, and if he can be held liable.

If he can, then burying his administration in lawsuits could finally be the way to paralyze his administration long enough to prevent further executive overreach.

He dared Republicans to sue him. Depending on how the immigration health scare is interpreted, he may get his wish. Meanwhile, the illegal immigrants will continue to be exploited by big businesses looking for cheap labor and big government liberals wiling to injure American citizens to gain votes.