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View Diary: BREAKING!! Chertoff's home cleaned by ... illegal immigrants! (217 comments)

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  •  OK, there is no way for a person to be (2+ / 0-)
    Recommended by:
    luvmovies2000, nicejoest

    illegal.  Certain behaviors are prohibited by the law.  Cleaning houses is not one of them.  Being a visitor in this country is not one of them.  Being a visitor who works for someone else is not one of them.  Paying a person for work instead of extracting labor for nothing (also known as slavery) is not one of them.

    Requiring a permit for someone to enter this country is marginally legal.  For the agents of government to require a permit for a particular activity, there has to be some clearly defined public health/safety or welfare purpose and, once whatever the conditions that are found to have merit (like a person actually knowing how to drive a car) have been met, the permit has to be issued.  Since automobility is a human attribute, free movement has to be considered a human right, so on what basis can we deny free movement to anyone who wants to come here?

    Well, you could argue that the Constitution, which guarantees that human rights will be honored and respected, limits that guarantee to persons who are American citizens.  But, that's not the case.  The guarantee extends to all persons who happen to be within the Constitution's jurisdiction--i.e. where our laws apply.  So, requiring work permits of non-citizens is discriminatory on its face.  Not to mention that what threat to public health and welfare is created by people working (as opposed to driving or flying a plane) is a valid question.  If there's no threat, there's no valid reason for a permit.

    The effort to differentiate between various immigrant populations is really nothing more than a last resort for the segregationists.  The next to last is the opposition to legal rights for gays.  Segregationists are just looking for some group to set apart and feel better than.

    How do you tell a predator from a protector? The predator will eat you sooner rather than later.

    by hannah on Thu Dec 11, 2008 at 07:41:36 AM PST

    [ Parent ]

    •  Article I Section 8 (0+ / 0-)
      "The Congress shall have power...To establish an uniform rule of naturalization..."

      States have to provide the equal protection of the law to all present that are with their 14th Amendment qualified "jurisdiction", but the federal government can be uniformly picky.  

      •  True, but citizenship increases no rights, (0+ / 0-)

        other than the right to participate in the governance of the nation--i.e. civil rights.  Human rights, such as the right to sustenance, movement and speech, are unaffected.

        This principle has actually been recently affirmed when the argument that the children of non-citizens are not entitled to public education was rejected.

        No doubt, it is a principle which will have to be addressed as we develop a national health care program that serves everyone.  If we are going to be fair, then it will need to serve even short term visitors, just like the French one does.

        How do you tell a predator from a protector? The predator will eat you sooner rather than later.

        by hannah on Thu Dec 11, 2008 at 09:51:09 AM PST

        [ Parent ]

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