On MLK day...

Originally posted by: LiveFreeNW

But with any crime the burden of proof is on the government not on the accused. 

 

Should everyone be required to produce said paperwork on demand? Should federal agents be able to stop YOU randomly and demand  you prove citizenship? Do you carry your passport on you at all times? Is that what we are accepting now in our country? Papers please?


Well, David admires Hitler...so he should enjoy living in a fascist state where 'Papieren, bitte" is a constant refrain and you can be dragged away for not having ID.

 

It is abhorrent of David to wrongfully state that people here illegally have no rights. Shame on him. He's not a real American if he doesn't believe in the Bill of Rights. Of course, his orange master doesn't, either.

In our state they have DUI checks where they stop everyone and ask for ID and proof of insurance. And in recent years they also do this for seatbelts  Seems to be legal and I think they get fed. money to conduct these checks for our papers.

This was copied and pasted from Congress.gov regarding Aliens (immigrants), not the little green men from space, in the United States. 

 

"Eventually, the Supreme Court extended these constitutional protections to all aliens within the United States, including those who entered unlawfully, declaring that aliens who have once passed through our gates, even illegally, may be expelled only after proceedings conforming to traditional standards of fairness encompassed in due process of law.3 The Court reasoned that aliens physically present in the United States, regardless of their legal status, are recognized as persons guaranteed due process of law by the Fifth and Fourteenth Amendments.4 Thus, the Court determined, [e]ven one whose presence in this country is unlawful, involuntary, or transitory is entitled to that constitutional protection.5 Accordingly, notwithstanding Congress’s indisputably broad power to regulate immigration, fundamental due process requirements notably constrained that power with respect to aliens within the territorial jurisdiction of the United States.6"

 

 

Just helping out. 

 

Originally posted by: Brent Kline

In our state they have DUI checks where they stop everyone and ask for ID and proof of insurance. And in recent years they also do this for seatbelts  Seems to be legal and I think they get fed. money to conduct these checks for our papers.


You have to have liability insurance and proof thereof in the car to be driving--and you must be the person named on the policy. Only by checking your ID can they determine that.

 

This contrasts with a person just suspected of Existing While Brown. He's walking down the street and the cops have no reason to demand his ID.

 

The key concept is "implied consent." By driving on a public road, you give your implied consent to ID requests by law enforcement.


Originally posted by: Edso

This was copied and pasted from Congress.gov regarding Aliens (immigrants), not the little green men from space, in the United States. 

 

"Eventually, the Supreme Court extended these constitutional protections to all aliens within the United States, including those who entered unlawfully, declaring that aliens who have once passed through our gates, even illegally, may be expelled only after proceedings conforming to traditional standards of fairness encompassed in due process of law.3 The Court reasoned that aliens physically present in the United States, regardless of their legal status, are recognized as persons guaranteed due process of law by the Fifth and Fourteenth Amendments.4 Thus, the Court determined, [e]ven one whose presence in this country is unlawful, involuntary, or transitory is entitled to that constitutional protection.5 Accordingly, notwithstanding Congress’s indisputably broad power to regulate immigration, fundamental due process requirements notably constrained that power with respect to aliens within the territorial jurisdiction of the United States.6"

 

 

Just helping out. 

 


What is this radical liberal liberal radical nonsense suggesting that ILLEGULS are people?? The heck you say!

Originally posted by: Edso

This was copied and pasted from Congress.gov regarding Aliens (immigrants), not the little green men from space, in the United States. 

 

"Eventually, the Supreme Court extended these constitutional protections to all aliens within the United States, including those who entered unlawfully, declaring that aliens who have once passed through our gates, even illegally, may be expelled only after proceedings conforming to traditional standards of fairness encompassed in due process of law.3 The Court reasoned that aliens physically present in the United States, regardless of their legal status, are recognized as persons guaranteed due process of law by the Fifth and Fourteenth Amendments.4 Thus, the Court determined, [e]ven one whose presence in this country is unlawful, involuntary, or transitory is entitled to that constitutional protection.5 Accordingly, notwithstanding Congress’s indisputably broad power to regulate immigration, fundamental due process requirements notably constrained that power with respect to aliens within the territorial jurisdiction of the United States.6"

 

 

Just helping out. 

 


Yes. The court has ruled several times that immigrants, even those that aren't here legally have due process and equal protection rights. 

 

Please note: The following was copied from Google AI and I only verified a few of the cases on the list. 

 

Yick Wo v. Hopkins (1886): Established that constitutional protections apply to everyone within U.S. jurisdiction, regardless of race or nationality, setting a broad foundation for immigrant rights.

 

United States v. Wong Kim Ark (1898): Affirmed that birthright citizenship and due process apply to those born in the U.S., even of Chinese descent, impacting future rights.

 

Bridges v. Wixon (1945): Ruled that deportation proceedings must adhere to due process norms.

 

Plyler v. Doe (1982): Protected undocumented children's right to public education, reiterating that the Fourteenth Amendment applies to "all persons" within the territorial jurisdiction.

 

Zadvydas v. Davis (2001): Confirmed the Due Process Clause applies to all "persons" in the U.S., including those present unlawfully, and limited indefinite detention without periodic review.

 

 

Originally posted by: Kevin Lewis

That's utterly false. EVERYONE has the right to due process and habeas corpus. ESPECIALLY if they are accused of a crime.

 

I know that MAGA tells us that ILLEGULS aren't human and have no civil rights. You're just their parrot.


 Wrong and you know it.

Originally posted by: Brent Kline

In our state they have DUI checks where they stop everyone and ask for ID and proof of insurance. And in recent years they also do this for seatbelts  Seems to be legal and I think they get fed. money to conduct these checks for our papers.


I'm not a big fan of those either. Courts have had mixed opinions. 

 

Generally a check for driver's license, registration etc is permitted but the driver does not have to participate in a DUI investigation. 

 

Some courts have ruled that since the law requires one to have a driver's license to drive it is reasonable to randomly check.

 

Some have ruled that to detain someone for the purpose of checking the driver's license they need reasonable articulable suspicion that they do not have a license. (Just like any other crime)

 

Either way what is going on here is quite distinguishable from driver's license checks. There are state laws that require one to have a driver's license on them while operating a motor vehicle.

 

There are no state or federal laws that require one to carry proof of citizenship or immigration status just to exist within the territorial jurisdiction of the United States. 

 

I maintain that it should be like any other crime. In order to initiate an investigative detention an officer must have reasonable and articulable suspicion of a crime.

 

I don't think it's reasonable for a police officer to walk up to a random person and demand identification. 

 

I am usually not a fan of slippery slope arguments but........Imagine a world where the police can walk up to anybody and demand that they prove they're not guilty of a crime. "Show me your proof of citizenship, empty your pockets for contraband, show me your tax forms, and prove to me you didn't participate in the burglary that was reported just blocks from here last night." 

 

 

 

 

 

 

 

 

You don't have to imagine it. Nazi Germany, Soviet Russia, Mao's China, etc. etc...the police had the power to stop anyone and demand their papers. And if you didn't have them, you could be arrested on the spot.

 

As far as us radical liberal liberal radicals in the great green state of Oregon are concerned, stop-and-check-everybody is quite rare; you usually see it during times when there might be drunk drivers, like late on a Saturday night. The law is that if you're operating a motor vehicle on a public road, you're giving consent to being stopped by a police officer--not even necessarily for cause--and he has the right to request your license and insurance. Failure to produce either can lead to a ticket, which can be canceled if you email proof to the court that you do have them.

 

I don't view that as the Deep State conspiring to sap our precious bodily fluids.

Were I an immigrant during this time of concern, I would carry whatever it is that gives me legallity to go about.  I wouldn't "leave home without it."

 

We are mandated to have our DLs on us while driving.  Can't produce it if stopped?  Expect trouble.

 

Hunters are mandated to have their hunting/fishing/whatever license is on their person.  Not at home; not "in my truck".  Can't produce it if asked?  Expect trouble.  Fines, possible loss of privilege for a year or more.

 

I concede that a 'green card' or whatever document may have been issued years ago.  Maybe it is a stack of papers.  Purses/billfolds change, I get it. 

 

But I panic if for some reason I don't have my DL when setting out to drive, and nothing, nothing comes first before I locate.  If necessary I'd go to the RO and get a new one before doing anything else.  If on a weekend, or holiday, I'd cancel any non-emergency plans and stay home until.

 

But that's just me.  I've been told I'm 'possessed'.  LOL.

 

How much trouble would I be in if stopped and no DL?  I don't want to find out.

 

I suspect (and somewhat sympathize) with those who can't fine/have misplaced their documentation.  Have they forgotten how critical it is?  Maybe wasn't considered an issue years ago.   Responsibility.  Accountability.  That's all.  Otherwise, expect trouble.

 

Candy

Already a LVA subscriber?
To continue reading, choose an option below:
Diamond Membership
$3 per month
Unlimited access to LVA website
Exclusive subscriber-only content
Limited Member Rewards Online
Join Now
or
Platinum Membership
$50 per year
Unlimited access to LVA website
Exclusive subscriber-only content
Exclusive Member Rewards Book
Join Now