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Greg Siskind on Immigration Law and Policy

OKLAHOMA LAW COULD BE LATEST TO BE RULED UNCONSTITUTIONAL

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Darn those Forefathers and their Constitution. Why did they have to give Congress the sole authority to implement immigration laws?

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Comments

  1. Jack's Avatar
    'Attorney Joan Lopez asked the state Court of Criminal Appeals Friday to have the men released because the judge's questions about their immigration status violated the men's Fifth Amendment right against self-incrimination.'

    Being in the U.S. in violation of the INA is not a crime so how is the Fifth Amendment applicable? I am not up on House Bill 1804 but it sounds like they are not being charged by the state with a crime but just being turned over to ICE, right? How is this different than any other time that happens?
  2. Jack's Avatar
    They had a right not to testify but did not assert it, right? From the article, it sounds like they were asked but not ordered to answer.
  3. Jack's Avatar
    I'm sorry, i didn't realize this attorney objected before any waiver. Also, what about the fact that their status is irrelevant to these particular proceedings? But it could be relevant in some other proceeding so that gives them protection?
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