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Filed: IR-1/CR-1 Visa Country: Ukraine
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Posted
2 minutes ago, Unidentified said:

I've been here on a few visa's and always gotten a pamphlet about my rights in America. Quick google search says the same. 

here is some case law for you!

 

The U.S. Constitution recognizes the humanity of all people who are present within its borders, regardless of whether they enter legally or illegally, are temporary or permanent.  Undocumented immigrants are constitutional “persons,” but they do not have all the rights of a U.S. citizen.  The Constitution protects all immigrants (legal and illegal) against “wanton or malicious infliction of pain” by government officials and from “gross physical abuse.”  See, e.g., Castro v. Cabrera, 742 F. 3d 595 (5th Cir. 2014).  The Supreme Court also recognizes that mere presence gives all immigrants a limited set of due process rights relating to their process of immigration, deportation or detention.  See, e.g., Demore v. Kim, 538 U.S. 510 (2003).

Posted

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

Posted
1 minute ago, florida racer 73 said:

here is some case law for you!

 

The U.S. Constitution recognizes the humanity of all people who are present within its borders, regardless of whether they enter legally or illegally, are temporary or permanent.  Undocumented immigrants are constitutional “persons,” but they do not have all the rights of a U.S. citizen.  The Constitution protects all immigrants (legal and illegal) against “wanton or malicious infliction of pain” by government officials and from “gross physical abuse.”  See, e.g., Castro v. Cabrera, 742 F. 3d 595 (5th Cir. 2014).  The Supreme Court also recognizes that mere presence gives all immigrants a limited set of due process rights relating to their process of immigration, deportation or detention.  See, e.g., Demore v. Kim, 538 U.S. 510 (2003).

No we don't have ALL THE RIGHTS of a USC, but we do have the basic constitutional rights.  We have the right to due process.  The right to bear arms.  The rights of freedom of speech and religion.  We don't have the right to enter the USA, even as a green card holder we can be denied entry, unlike a USC.  And unlike a natural born USC, we can have our citizenship taken away if it was found to be obtained in a fraudulent manner. 

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

Filed: IR-1/CR-1 Visa Country: Ukraine
Timeline
Posted
1 minute ago, NikLR said:

we are getting off track here, we are talking about INTENDING immigrants and the right to look at their social media accounts! not lpr, visa holders , IR1/CR1 or anything else

 

As far as illegals having constitutional rights, I am totally against anyone breaking immigration laws to come here, especially since my wife and I am everyone else on this board is going thru the time, expense and headache dealing with the government to come here legally! Granting right to illegals is an insult to all of us!

 

Filed: IR-1/CR-1 Visa Country: Ukraine
Timeline
Posted
1 minute ago, NikLR said:

No we don't have ALL THE RIGHTS of a USC, but we do have the basic constitutional rights.  We have the right to due process.  The right to bear arms.  The rights of freedom of speech and religion.  We don't have the right to enter the USA, even as a green card holder we can be denied entry, unlike a USC.  And unlike a natural born USC, we can have our citizenship taken away if it was found to be obtained in a fraudulent manner. 

Nobody is arguing those points, we are talking about examining an intending immigrants social media accounts

 

Filed: IR-1/CR-1 Visa Country: Ukraine
Timeline
Posted
2 minutes ago, NikLR said:

No we don't have ALL THE RIGHTS of a USC, but we do have the basic constitutional rights.  We have the right to due process.  The right to bear arms.  The rights of freedom of speech and religion.  We don't have the right to enter the USA, even as a green card holder we can be denied entry, unlike a USC.  And unlike a natural born USC, we can have our citizenship taken away if it was found to be obtained in a fraudulent manner. 

that is exactly what I posted above, this is not the discussion

 

Filed: Citizen (apr) Country: Sweden
Timeline
Posted
1 minute ago, florida racer 73 said:

we are getting off track here, we are talking about INTENDING immigrants and the right to look at their social media accounts! not lpr, visa holders , IR1/CR1 or anything else

 

As far as illegals having constitutional rights, I am totally against anyone breaking immigration laws to come here, especially since my wife and I am everyone else on this board is going thru the time, expense and headache dealing with the government to come here legally! Granting right to illegals is an insult to all of us!

 

I'm sorry but you were the one who started by saying only USC's had rights under the constitution... Has nothing to do with granting rights. It's just how the Constitution is worded and what's been decided by the supreme court about how it should be interpreted. It says "persons" not USC or legal/illegal immigrant/alien. 





Posted
Just now, florida racer 73 said:

we are getting off track here, we are talking about INTENDING immigrants and the right to look at their social media accounts! not lpr, visa holders , IR1/CR1 or anything else

 

As far as illegals having constitutional rights, I am totally against anyone breaking immigration laws to come here, especially since my wife and I am everyone else on this board is going thru the time, expense and headache dealing with the government to come here legally! Granting right to illegals is an insult to all of us!

 

the 4th amendment does not cover social media so no constitutional right is being used against someone.  However being homicidal towards the US president or other members of the government would make it rather difficult for someone to become an immigrant imho.   And I'll be honest, I'm okay with the DS-5535.  Probably because I have nothing to worry about.  If some immigration officer REALLY REALLY wants to read my "steamy" emails to my husband, or the mundane texts, well have at it.  Imma call him a jerkface behind his back though. Just sayin. 

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

Posted
1 hour ago, florida racer 73 said:

Lets not forget that an intending immigrant is not a U.S. citizen so the 4th amendment will not apply until they are recgonized as a U.S. citizen

 

 

48 minutes ago, florida racer 73 said:

No disrespect, but you just do not understand........

 

Yes, people do have rights but ONLY U.S. citizens have rights afforded under the Constitution. Might I recommend that you read up on some case law regarding the 4th amendment and searches and seizures because you clearly do not understand what I am saying.

 

Have a good night!

 

 

4 minutes ago, florida racer 73 said:

Nobody is arguing those points, we are talking about examining an intending immigrants social media accounts

 

See the bolded.  You were.  Sorry.

 

Again... I AGREE with you about intending immigrants and social media accounts.  

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

Filed: IR-1/CR-1 Visa Country: Ukraine
Timeline
Posted
2 minutes ago, Unidentified said:

I'm sorry but you were the one who started by saying only USC's had rights under the constitution... Has nothing to do with granting rights. It's just how the Constitution is worded and what's been decided by the supreme court about how it should be interpreted. It says "persons" not USC or legal/illegal immigrant/alien. 

yes, U.S. citizens are protected under the constitution, everyone else has a LIMITED set of rights until they are a U.S. citizen

Filed: IR-1/CR-1 Visa Country: Ukraine
Timeline
Posted
8 minutes ago, NikLR said:

No we don't have ALL THE RIGHTS of a USC, but we do have the basic constitutional rights.  We have the right to due process.  The right to bear arms.  The rights of freedom of speech and religion.  We don't have the right to enter the USA, even as a green card holder we can be denied entry, unlike a USC.  And unlike a natural born USC, we can have our citizenship taken away if it was found to be obtained in a fraudulent manner. 

we have got way off track here, what are you trying to say? so now an intending immigrant has rights.......

 

We are talking about intending immigrants....... forget about illegals and everything else......

 

Filed: IR-1/CR-1 Visa Country: Ukraine
Timeline
Posted
Just now, florida racer 73 said:

we have got way off track here, what are you trying to say? so now an intending immigrant has rights.......

 

We are talking about intending immigrants....... forget about illegals and everything else......

 

Show me in writing where an intending immigrant has the right to privacy before they are even granted permission to enter the United States pertaining to social media accounts, this is what we are supposedly talking about, if we are talking about a different subject I must have missed it?

 

Posted
1 minute ago, florida racer 73 said:

we have got way off track here, what are you trying to say? so now an intending immigrant has rights.......

 

We are talking about intending immigrants....... forget about illegals and everything else......

 

AGAIN... I AGREE WITH YOU, that and INTENDING IMMIGRANT can have their social media looked at.  That has NEVER been an issue.  Perfectly okay with the DS-5535.  No one has disagreed with you here.  Not one post.  

 

A legal/illegal alien, resident/non-resident, and USC all have the same CONSTITUTIONAL rights.  Agreed?  Okay cool.  Subject over.  You win!  YAY! :D

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

Filed: IR-1/CR-1 Visa Country: Ukraine
Timeline
Posted
1 minute ago, NikLR said:

AGAIN... I AGREE WITH YOU, that and INTENDING IMMIGRANT can have their social media looked at.  That has NEVER been an issue.  Perfectly okay with the DS-5535.  No one has disagreed with you here.  Not one post.  

 

A legal/illegal alien, resident/non-resident, and USC all have the same CONSTITUTIONAL rights.  Agreed?  Okay cool.  Subject over.  You win!  YAY! :D

Honestly, I don't care! I only care about my case and bringing my wife here, everything else is irrelevant. Sorry if this sounds shallow but it is the truth.

 

No, I do not agree than an illegal alien has the same constitutional right as a natural born USC, LPR , resident  or anything else. If someone is here illegally they should have no rights but to be jailed and escorted out of the country. If illegals have the same rights as everyone else than the constitution and citizenship is useless!

 

Have a good night

 

 
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