Immigration, Issues

Aye Caramba! This case could give constitutional rights to illegals

Photo: U.S. Immigration and Customs Enforcement (Public Domain)

Photo: U.S. Immigration and Customs Enforcement (Public Domain)

Do Dreamers have constitutional rights? The court-ruled answer to that question could have major ramifications for President Trump’s immigration policies.

Daniel Ramirez is a 23-year-old illegal who was approved twice under Obama’s 2012 deportation amnesty program, Deferred Action for Childhood Arrivals (DACA). However, last week he was detained in a raid to arrest his father — an eight-times deported illegal — and is now awaiting deportation himself.

But Ramirez’s lawyers argue that, “As a Dreamer, Mr. Ramirez has constitutional rights that deserve to be protected”:

At issue are competing visions of Mr. Obama’s 2012 program. When it was created, Homeland Security characterized DACA as discretionary and revocable at any time, based on officers’ judgments.

But Mark D. Rosenbaum, one of Mr. Ramirez’s lawyers, said DACA is actually a “solemn promise” to illegal immigrants that if they turned over their information to the government, they would not be “arbitrarily and capriciously arrested and detained.”

He said the government has botched the case from its initial arrest up through now, with Mr. Ramirez still in custody and awaiting a deportation hearing.

“What began, I thought, as a mistake in bringing Daniel in has turned into a bogus operation that is attempting to railroad him and violate the sacred promise that the DACA program represents,” Mr. Rosenbaum said.

Immigrants with green cards have constitutional rights. If the court rules the DACA program is like the green card program, 740,000 illegals who registered for Obama’s amnesty program could be given constitutional rights. Lawyers may also argue the Constitution extends protections to “people,” while reserving privileges, such as serving in Congress or as President to “citizens.”

Also at issue are Ramirez’s alleged gang connections:

Homeland Security has said that Mr. Ramirez lost his ability to be part of DACA because of his gang affiliations.

The government says Mr. Ramirez not only had a gang tattoo, but said he admitted he used to “hang out” with the Sureno gang in California, fled that state to get away from gangs, but still “hangs out” with the Paizas gang in Washington.

Mr. Rosenbaum flatly rejected those claims, saying the DACA application process Mr. Ramirez has gone through twice before included checks of gang affiliations, and he was not flagged either time.

In a statement issued this week, Homeland Security said that some 1,500 illegals who had been approved under DACA have been later ousted from the program because of a criminal conviction or gang-related activities.

  • BonLovesFreedom

    NO! Non-Americans do not have legal rights in the U.S. Our Constitution does not affect the world, only Americans. What part of citizen and illegal immigrant do you libturd demonrats not understand!?! Send him back to Mexico with his criminal father. Stop the insipid nonsense!

    • Duke-Jinx

      Only “those born within the U.S. AND subject to the jurisdiction there of…”

      • GringoViejo

        Or naturalized citizens. Not illegals

        • Duke-Jinx

          “Or naturalized citizens.” … and those nationalized, natural Born and various Indian tribes to be precise.

    • harpo49

      public hangings

  • Our Constitution is just that, OURS. They have NO rights in our republic. They are here illegally, that should be enough! Detain and deport! These people must be made to realize, this is NOT THEIR COUNTRY!!! And to hell with DACA, another obuma failure!!


    No district court makes law! They only interpret the law in the same way SCOTUS does, in accordance with our Constitution. Only the legislative branch of our government write laws and passes laws, also in accordance with our Constitution. I know it’s been 8 years since our government has worked properly, but things, they are a changing!

  • Nancy Moody

    This is scary because it is in Washington State where they have those liberal nutcases for judges. We can see the writing on the wall. It will probably have to go all the way to the United States Supreme Court for the right and proper ruling. These liberal justices who make law instead of just ruling according to the Constitution should be stripped of their justice positions.

    • wildeagleone

      Tar and feathered and sent to jail for impersonating a judge

  • Mike Goldman

    Can Mister Rosenbaum, or any other attorney affiliated with the ACLU or any other liberal-minded organization tell us where, specifically, in the US Constitution, [by article or amendment number], or identify the specific article of the Codified law of the United States that those “rights” are alleged to be granted, Not a lawyer’s “interpretation”, mind you, but the actual wording of the law itself. I know that ALL grants of permission to enter the United States, either on a temporary or permanent basis, REQUIRE the immigrant abide by all laws of the United States,m and any violation of that oath can result in the person being deported.

  • Elaine Morris

    Absolutely NOT!! They come to Texas and they don’t even go through the studying about our history. IF they want to be here, do it the RIGHT WAY. Study at any high school, take a test and pass. THEN apply for citizenship.
    Without following the laws, they ARE INVADERS from another country.

    • harpo49

      and should be shot on sight

  • I remember

    Congress should also pass a law declaring English as the official language of the US. Any citizen should have an understanding of English.
    This would also save millions of dollars wasted printing documents in multiple languages.

  • harpo49

    not American see ya out you go and if you come back illegal you go to jail

  • ctroop

    IF Trump’s republicans in the House and the Senate were ALL really constitutional conservatives, they could FORBID any federal court … that’s ANY federal court … INCLUDING the “supreme” court … from having jurisdiction over ANYTHING regarding National Security! AND presidential executive orders! The F-king courts must NOT be allowed to control our government … or to advocate for illegals ! ! !

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