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Thread: Judge allows Illegal aliens to sue ICE for being detained>>

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    Judge allows Illegal aliens to sue ICE for being detained>>

    Ok, i thought i had heard it all in the way of crazy lawsuits. BUT this takes the cake.

    "Illegal immigrants are suing the U.S. government for what they say was psychological and physical harm due to their detention, according to an Associated Press report.

    The five illegal immigrants, all hailing from Guatemala, Honduras, or El Salvador, are seeking millions of dollars in damages and claim they received poor medical care and suffered psychologically from being detained.

    Andrew Free, the immigration lawyer representing the plaintiffs, told the AP that the government’s use of family detention violates their rights and that the government fails to provide the “standard of care that they owe to these detainees.”"

    Sorry, but what rights do they have to sue ICE for being detained due to being here illegally?
    What next, criminals suing COPS for arresting them?


    http://www.breitbart.com/big-governm...ver-detention/

    http://latino.foxnews.com/latino/new...ntion-centers/

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    Administrator Mjölnir's Avatar
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    Quote Originally Posted by garhkal View Post
    Sorry, but what rights do they have to sue ICE for being detained due to being here illegally?
    Are they suing for being detained ... or their treatment while detained? If they were mistreated, I would think they have a right to sue. Just because you detain or arrest someone doesn't mean you have carte blanche to mistreat them.

    It is pretty well established by precedent that once someone is in the custody of the state or federal government there is a standard of care/treatment. Not sure if it was violated in this case ... but it is reasonable.
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    But HOW are they being mistreated?

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    Quote Originally Posted by garhkal View Post
    But HOW are they being mistreated?
    Don't know, neither article really got into the specifics/merit (or lack thereof) of the case other than that they got poor medical care (is it possible that they didn't get sufficient care? adequate care? timely care?), the LATINO FOX article says detainees are also claiming they were improperly detained, which if true would be negligent.
    Last edited by Mjölnir; 08-13-2015 at 03:11 AM.
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    Senior Member efmbman's Avatar
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    Quote Originally Posted by garhkal View Post
    Ok, i thought i had heard it all in the way of crazy lawsuits. BUT this takes the cake.

    "Illegal immigrants are suing the U.S. government for what they say was psychological and physical harm due to their detention, according to an Associated Press report.

    The five illegal immigrants, all hailing from Guatemala, Honduras, or El Salvador, are seeking millions of dollars in damages and claim they received poor medical care and suffered psychologically from being detained.

    Andrew Free, the immigration lawyer representing the plaintiffs, told the AP that the government’s use of family detention violates their rights and that the government fails to provide the “standard of care that they owe to these detainees.”"

    Sorry, but what rights do they have to sue ICE for being detained due to being here illegally?
    What next, criminals suing COPS for arresting them?
    I'm sure this is a 14th Amendment issue. A synopsis of the 1st clause of the 14th is:

    The Equal Protection Clause requires each state to provide equal protection under the law to all people within its jurisdiction.
    If anyone (even you) feels they are not provided equal protection, they have the right to sue. That is the mechanism our system provides for "righting a wrong". The 14th covers everyone - not just citizens. The lawsuit and the lawyers will present their versions to the judge / jury and a decision is made.

    Just a friendly suggestion - spend a little time reading about the Constitution and the Amendments. There are many sites out there that break down the language and the clauses into laymans terms. Most sites will have links to court cases regarding specific clauses and explains the judicial interpretation. I found it to be very enlightening and helps to understand why most times, a court decision is not outrageous, but within the intent of the law. I recommend a law school website. Believe it or not, but Wikipedia does a fairly good job of breaking down the Amendments.

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    I am going to sneak into Iran. When they catch me and squeeze my arm too tight (leaving a bruise), then I'm suing the snot out of them. Probably tell the UN about it too. Yeah, definitely telling the UN.

    On another note, has anyone tried Honey Nut Cheerios? Damn, they're good! I'd take a picture and post it if this was FB.
    Last edited by FLAPS, USAF (ret); 08-13-2015 at 01:19 PM.

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    Quote Originally Posted by FLAPS, USAF (ret) View Post
    I am going to sneak into Iran. When they catch me and squeeze my arm too tight (leaving a bruise), then I'm suing the snot out of them. Probably tell the UN about it too. Yeah, definitely telling the UN.

    On another note, has anyone tried Honey Nut Cheerios? Damn, they're good! I'd take a picture and post it if this was FB.
    Clearly The Founding Fathers of the United States, would've intended that these women ( who were working 12-16 hours in a sweatshop, for less than a dollar a day in their native countries) should now each get $2 Million dollars apiece from the Racist American Taxpayers.... Because They developed PTSD after the DHS didn't speak to them in their Indigenous Yucatec Mayan language.

    If you doubt this is the case just ask the "Wise Latina" of the Supreme Court....FORWARD OVER THE CLIFF!!!!

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    Senior Member efmbman's Avatar
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    Quote Originally Posted by FLAPS, USAF (ret) View Post
    I am going to sneak into Iran. When they catch me and squeeze my arm too tight (leaving a bruise), then I'm suing the snot out of them. Probably tell the UN about it too. Yeah, definitely telling the UN.
    Fairly certain the protections of the US Constitution would not apply in a foreign country, but please try to post how all that works out.

    Quote Originally Posted by FLAPS, USAF (ret) View Post
    On another note, has anyone tried Honey Nut Cheerios? Damn, they're good! I'd take a picture and post it if this was FB.
    Yes, they are very good. My kids love them. I used to eat Apple Cinnamon Cheerios, but I don't think they make those anymore... at least I can't find them where I shop.

    Quote Originally Posted by Rainmaker View Post
    Clearly The Founding Fathers of the United States, would've intended that these women ( who were working 12-16 hours in a sweatshop, for less than a dollar a day in their native countries) should now each get $2 Million dollars apiece from the Racist American Taxpayers.... Because They developed PTSD after the DHS didn't speak to them in their Indigenous Yucatec Mayan language.

    If you doubt this is the case just ask the "Wise Latina" of the Supreme Court....FORWARD OVER THE CLIFF!!!!
    Perhaps, but the Founding Fathers were not available for comment when the 14th Amendment was written and ratified. The 14th was part of the Reconstruction process following the US Civil War. Regardless, the law requires that all people within the jurisdiction of the State be entitled to the same protections without regard to citizenship.

    My opinion is that since another law was violated to get that person in the situation, they should not be entitled to that protection. But my opinion means about as much as yours - nothing.

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    Quote Originally Posted by garhkal View Post
    But HOW are they being mistreated?
    Why don't YOU try reading the articles that YOU posted?

    The answer to your question is in the Fox article, and in the original AP story that Brietbart quotes.

    I refuse to read anymore articles for you.

    I find it extremely annoying that you create all these threads asking questions that are largely answered in the articles.

    How often to you read beyond the first paragraph of a news story?
    All behold that fancy strutting peacock, the bake sale diva...

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    Quote Originally Posted by garhkal View Post
    Ok, i thought i had heard it all in the way of crazy lawsuits. BUT this takes the cake.

    "Illegal immigrants are suing the U.S. government for what they say was psychological and physical harm due to their detention, according to an Associated Press report.

    The five illegal immigrants, all hailing from Guatemala, Honduras, or El Salvador, are seeking millions of dollars in damages and claim they received poor medical care and suffered psychologically from being detained.

    Andrew Free, the immigration lawyer representing the plaintiffs, told the AP that the government’s use of family detention violates their rights and that the government fails to provide the “standard of care that they owe to these detainees.”"

    Sorry, but what rights do they have to sue ICE for being detained due to being here illegally?
    What next, criminals suing COPS for arresting them?


    http://www.breitbart.com/big-governm...ver-detention/

    http://latino.foxnews.com/latino/new...ntion-centers/
    The law sets standards for the treatment of prisoners, if those standards are not met they can sue. I hate tp break it to you but the law applies to everyone in the US.

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