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by chipperyman573 2198 days ago
Those are for people who are specifically not here legally and therefore don't recieve the full protection of our constitution and laws. While I vehemently disagree with these camps, there's no reason to assume a re-born America's laws would apply to people who are not citizens/legally accepted into its borders. A fix for these camps would be to guarantee the same protections we Americans enjoy to people who come here illegally, which can be accomplished using the current framework we have today.
4 comments

> Those are for people who are specifically not here legally and therefore don't recieve the full protection of our constitution and laws.

What's the point in calling them 'human rights' if they only apply to Americans. The US Bill of Rights does not make any reference to citizenship or legal immigration status in the 6th or 8th amendments (which seem particularly relevant). Not to mention you still need due process to prove the person does not have legal immigration status in the first place.

There isn't really any ambiguity here, unless the law specifically targets citizens or people with a valid legal immigration status the law protects illegal immigrants as well.

I'm not very well versed in US law but it's my understanding you can't shoot a man down in the street for jaywalking because he's a criminal and thus not protected by the law.

"All animals are equal, but some animals are more equal than others."

The term "human rights" do not appear anywhere in the constitution.
It doesn't, but the US Constitution still defines human rights within the jurisdiction of the United States.

The word 'comment' doesn't appear in your comment, but that's still what it is.

It does not define "human rights". It defines some legal rights of people within the jurisdiction of the document - not some global notion of "human rights"
Human rights are legal rights. Human rights vary by jurisdiction. For example, the The Ontario Human Rights Commission (OHRC) administers Ontario provincial law.

https://www.oxfordlearnersdictionaries.com/definition/englis...

> legally accepted into its borders.

You should read up on who's in these camps. Most are asylum seekers. Applying for asylum is legally recognized under the Geneva Convention. Hell, I just watched a documentary where an asylum seeker was asked to come to the Tijuana/SD border for his asylum interview, thrown into detention ICE, and then transferred from one center to another before finally being deported a year later. He was imprisoned for asking for asylum, not being in the US illegally.

  Applying for asylum is legally recognized under the Geneva Convention
Only at the first border reached. So, only Canadians, Mexicans, and those coming by water directly from their nation of origin are even theoretically eligible.

People on HN thrown "Geneva Convention!" (sic) around like it's a magic amulet. There are multiple conventions with multiple articles, and the USA isn't even a signatory to all of them. When people argue random Geneva Conventions nexus for some element of policy without stating a specific Convention and Article, assume that they're bullshitting you. It's like a lazy Support rep saying, "it's in the manual... somewhere."

What's the documentary?
I watched it at the last film festival: http://thirdhorizonfilmfestival.com/films/what-happened-to-a...

The tile is What Happened to a Dream Deferred. During the QandA the director told us how she had to get involved because the subject that applied for asylum was arrested at the interview. Then moved through many detention camps. This is done so their immigration lawyers can't find them and represent them during the hearings. I found this to be really shocking.

There is ongoing legal debate on what aspects, including these very ones, of our constitution and laws apply to non residents.
> Those are for people who are specifically not here legally and therefore don't recieve the full protection of our constitution and laws

Do you have a citation on that? I don't think that's true. ICE detains a lot of people here legally, including citizens.

https://www.google.com/search?q=american+citizens+in+ice+det...

Regardless, ICE should be obeying international laws for human rights, which they are not.

It seems to me that ICE is meant to intimidate entire groups of people regardless of their citizenship or legal status.