Supremes to Decide if Foreigners Have Constitutional Rights
Feb 27, 2017 16:18:54 GMT -5
Post by avordvet on Feb 27, 2017 16:18:54 GMT -5
Supremes to Decide if Foreigners Have Constitutional Rights
Justice Kennedy the pivotal vote in case that may have profound implications for U.S. legal system
by Brendan Kirby, Updated 21 Feb 2017 at 2:21 PM
The Supreme Court on Tuesday is taking up a case that presents a critical question of law: Can a U.S. law enforcement officer be sued in American courts for the death of a foreigner outside the United States?
For most of American history, the answer to that question has been a clear and emphatic “no.” Courts for two centuries have held that constitutional rights do not apply to foreigners with no voluntary connection to the United States.
That the high court even agreed to take Hernández v. Mesa casts doubt on that long-held understanding of the law, however.
“That has been under a lot of pressure and challenge recently,” Fordham University School of Law professor Andrew Kent told reporters on a conference call last week.
www.lifezette.com/polizette/supremes-to-decide-if-foreigners-have-constitutional-rights/
Justice Kennedy the pivotal vote in case that may have profound implications for U.S. legal system
by Brendan Kirby, Updated 21 Feb 2017 at 2:21 PM
The Supreme Court on Tuesday is taking up a case that presents a critical question of law: Can a U.S. law enforcement officer be sued in American courts for the death of a foreigner outside the United States?
For most of American history, the answer to that question has been a clear and emphatic “no.” Courts for two centuries have held that constitutional rights do not apply to foreigners with no voluntary connection to the United States.
That the high court even agreed to take Hernández v. Mesa casts doubt on that long-held understanding of the law, however.
“That has been under a lot of pressure and challenge recently,” Fordham University School of Law professor Andrew Kent told reporters on a conference call last week.
www.lifezette.com/polizette/supremes-to-decide-if-foreigners-have-constitutional-rights/
Federal appeals court rules immigrants have no right to lawyer in expedited cases
Wednesday 8 February 2017 at 2:19 PM ET by Autumn Callan
[JURIST] The US Court of Appeals for the Ninth Circuit [official website] ruled [opinion, PDF] 2-1 Tuesday that immigrants who are caught entering the US illegally have no right to legal representation in an expedited hearing.
A law passed in 1996 allows Customs and Border Protection officers to use a process of "expedited removal" to remove immigrants who are caught within 100 miles of the border without valid documentation. Immigrants who are subject to expedited removal are not given a lawyer, nor do they receive a trial. The appeals court upheld the deportation of a Mexican immigrant who was returned to his country the day after being arrested while crossing the US border in 2012, finding that his "expedited removal was not fundamentally unfair." One judge dissented, stating he "would hold that there is a due process right to counsel during expedited removal proceedings."
www.jurist.org/paperchase/2017/02/federal-appeals-court-rules-immigrants-have-no-right-to-lawyer-in-expedited-cases.php
Wednesday 8 February 2017 at 2:19 PM ET by Autumn Callan
[JURIST] The US Court of Appeals for the Ninth Circuit [official website] ruled [opinion, PDF] 2-1 Tuesday that immigrants who are caught entering the US illegally have no right to legal representation in an expedited hearing.
A law passed in 1996 allows Customs and Border Protection officers to use a process of "expedited removal" to remove immigrants who are caught within 100 miles of the border without valid documentation. Immigrants who are subject to expedited removal are not given a lawyer, nor do they receive a trial. The appeals court upheld the deportation of a Mexican immigrant who was returned to his country the day after being arrested while crossing the US border in 2012, finding that his "expedited removal was not fundamentally unfair." One judge dissented, stating he "would hold that there is a due process right to counsel during expedited removal proceedings."
www.jurist.org/paperchase/2017/02/federal-appeals-court-rules-immigrants-have-no-right-to-lawyer-in-expedited-cases.php