Would nonviolent drug convicts also deserve 450,000 dollars?
It’s not just a matter of deserving. If someone breaks a law and the constitutionally and statutorily prescribed procedures are used to convince them, they have no cause of action against the government for damages. If they claim that the laws are unconstitutional they have a remedy, which is an appeal.
Settlements of civil suits happen hundreds of times every day. “Deserve” is rarely part of the equation. The main factors are: 1 What are the chances of getting hit by a judgment for damages and 2 How much are the damages likely to be? 3. What will it cost to litigate the case through trial and any activated appeals.
he/him we all just have to live through it,
holding each other’s hands.
It is only for migrant families who were separated. How is that different from parents who get arrested in front of their children for nonviolent drug offenses?
The difference should be obvious. I've never heard of grown American adults who have no idea who their mother or father is because they were arrested when they were young. Cops arrest parents and then the children either stay with family members or in very rare situations the government takes care of them and keeps track of where they are, who they are, etc. The parents are usually bailed out within a few days and return home. In the case of Trump's evil policy, a child is stripped from the mother's arms and separated for life with no system to track or monitor who or where either of them are. Because the party of "Family values" didn't think about that when implementing their xenophobic measures.
"I am not an American ... In my view premarital sex should be illegal" - Ajax18
If they claim that the laws are unconstitutional they have a remedy, which is an appeal.
Many US laws are unconstitutional. The Washington State Supreme Court found drug possession laws to be unconstitutional. It is all subjective and it is up to the judges to decide. Is there an unambiguous law saying the government can't separate undocumented families?
"I have the type of (REAL) job where I can choose how to spend my time," says Marcus.
The parents are usually bailed out within a few days and return home. In the case of Trump's evil policy, a child is stripped from the mother's arms and separated for life with no system to track
I agree it is evil. Parents sentenced to 20 years in prison for a nonviolent drug deal is also evil.
Is there an unambiguous law saying the government can't separate undocumented families?
"I have the type of (REAL) job where I can choose how to spend my time," says Marcus.
If they claim that the laws are unconstitutional they have a remedy, which is an appeal.
Many US laws are unconstitutional. The Washington State Supreme Court found drug possession laws to be unconstitutional. It is all subjective and it is up to the judges to decide. Is there an unambiguous law saying the government can't separate undocumented families?
Some laws are unconstitutional. But the law does not give anyone a remedy in financial damages if the government enforces the law using the required procedures, a person convicted under the law has no right to recover damages against the government. In contrast, if the government is enforcing a perfectly constitutional law, but uses procedures that violate your rights, you may have a right to recover damages.
Aliens in custody still have some civil rights under US law and perhaps some treaties (I’d have to look.) And, under our constitutional system of enumerated powers, it’s the government, not the individual, that has the burden of proving the authority to act.
he/him we all just have to live through it,
holding each other’s hands.
For the record I’m against any payout or settlement. It doesn’t mean that I think caging people, whether it happens under a Democratic or Republican regime, is a good policy. There are plenty of “Liberal” countries that have strict or at least stricter immigration rules than the US. So the question of whether or not a fairly Liberal country can assert their right to enforce their borders with a more or less firm hand is moot. When people come here illegally this country has a right to stop them, detain them, and send them packing. They violated our rules. They don’t get a payout. It’s ridiculous.
I should caveat that I understand their motivations to break our laws and enter our country illegally. I’d probably do the same if my country were an absolute crap hole with no hope of pulling out of its own corrupt and incompetent narrative. It doesn’t change anything with regard to breaking our laws.
- Doc
The "payouts" aren't for people just because they crossed illegally. It is being suggested only for the relatively few whose human rights were violated by the Trump administration. If a government destroys your family and violates your rights, it doesn't matter if they were here illegally or not. And not all of them were "crossing illegally," many were presenting themselves at the border to apply for asylum which is their legal right under international law. But Trump shut down that legal process.
If it were me I'd just let this all play out in the courts, but Biden seems dead set on doing this because "it is the right thing to do."
I think I'd go the legal route, too. Let the courts work the issue over in order to set a framework around which policy can be built.
Aliens in custody still have some civil rights under US law and perhaps some treaties (I’d have to look.) And, under our constitutional system of enumerated powers, it’s the government, not the individual, that has the burden of proving the authority to act.
According to the NYT, "In one set of negotiations, the lawyers have alleged that the United States government, including the Homeland Security Department, had wronged the families by separating parents from children, and that they should be entitled to financial compensation."
I understand it was immoral, but is it illegal to separate undocumented families?
"I have the type of (REAL) job where I can choose how to spend my time," says Marcus.
For the record I’m against any payout or settlement. It doesn’t mean that I think caging people, whether it happens under a Democratic or Republican regime, is a good policy. There are plenty of “Liberal” countries that have strict or at least stricter immigration rules than the US. So the question of whether or not a fairly Liberal country can assert their right to enforce their borders with a more or less firm hand is moot. When people come here illegally this country has a right to stop them, detain them, and send them packing. They violated our rules. They don’t get a payout. It’s ridiculous.
I should caveat that I understand their motivations to break our laws and enter our country illegally. I’d probably do the same if my country were an absolute crap hole with no hope of pulling out of its own corrupt and incompetent narrative. It doesn’t change anything with regard to breaking our laws.
- Doc
The "payouts" aren't for people just because they crossed illegally. It is being suggested only for the relatively few whose human rights were violated by the Trump administration. If a government destroys your family and violates your rights, it doesn't matter if they were here illegally or not. And not all of them were "crossing illegally," many were presenting themselves at the border to apply for asylum which is their legal right under international law. But Trump shut down that legal process.
If it were me I'd just let this all play out in the courts, but Biden seems dead set on doing this because "it is the right thing to do."
I honestly hope he does it. Preferably before the midterm elections.
Aliens in custody still have some civil rights under US law and perhaps some treaties (I’d have to look.) And, under our constitutional system of enumerated powers, it’s the government, not the individual, that has the burden of proving the authority to act.
According to the NYT, "In one set of negotiations, the lawyers have alleged that the United States government, including the Homeland Security Department, had wronged the families by separating parents from children, and that they should be entitled to financial compensation."
I understand it was immoral, but is it illegal to separate undocumented families?
You’re kind of asking the wrong question. The plaintiffs don’t have to prove that the conduct was illegal. They have to prove that they had some right to be treated according to some standard and that the government violated that standard, causing them harm.
he/him we all just have to live through it,
holding each other’s hands.
