Neb Att. General refuses Illegal Aliens a free lawyer.

[1prophet]

Give the landlord a trial by jury .

 

[1EZduzit]

Originally posted by: piasabird
I think if someone is charged with a crime, they can get a lawyer appointed to them. There is a lot of talk whether immigration is a legal matter or a civil matter. I consider it a Legal Matter. No one forced the people from Mexico to come here, so they can go back on their own.

On the news this morning they had a report that 1.2 or 1.4 million new illegals came into this country in the last year.

 

[RightIsWrong]

I was going to post a rebuttal after reading the first 4-5 posts then I saw that wreckem was making the same case that I was going to make.

As for those commenting on the "free attorney" the AG was saying that he (being an attorney) was not going to file the suit (in essence representing the couple) against the landlord. They were not asking for one...he was stating that he doesn't care that it is his JOB and that he is LEGALLY REQUIRED TO DO IT if they had wanted to push for suit against the landlord for breaking EOC law.

 

[tyler811]

Originally posted by: RightIsWrong
I was going to post a rebuttal after reading the first 4-5 posts then I saw that wreckem was making the same case that I was going to make.

As for those commenting on the "free attorney" the AG was saying that he (being an attorney) was not going to file the suit (in essence representing the couple) against the landlord. They were not asking for one...he was stating that he doesn't care that it is his JOB and that he is LEGALLY REQUIRED TO DO IT if they had wanted to push for suit against the landlord for breaking EOC law.

Ok again I refer back to this:

The couple ultimately asked Bruning not to prosecute because they feared it would draw the attention of immigration authorities. Their names have not been publicly released

Brunig is a lawyer, at one time they asked for but then decidedultimately they did not want him or one of his subordinates to go forward with legal action.

 

[ProfJohn]

The AG screwed up when he made that comment.

A better approach would have been to tell the illegals that an EOC violation is not a victimless crime and in order to enforce the law the illegals would have to appear in a court of law and that would have been the end of it.

 

[Vette73]

Originally posted by: ProfJohn
The AG screwed up when he made that comment.

A better approach would have been to tell the illegals that an EOC violation is not a victimless crime and in order to enforce the law the illegals would have to appear in a court of law and that would have been the end of it.

Yep. I agree with the AG but the way he handled it was way off.

I woudl have done the same just say we will go after them as soon as the "victims" come forward and give statements.

 

[RightIsWrong]

Originally posted by: ProfJohn
The AG screwed up when he made that comment.

A better approach would have been to tell the illegals that an EOC violation is not a victimless crime and in order to enforce the law the illegals would have to appear in a court of law and that would have been the end of it.

One of the few times that we agree completely.

And to respond to Tyler811:

Brunig is a lawyer, at one time they asked for but then decided ultimately they did not want him or one of his subordinates to go forward with legal action.

Not necessarily. They may have been interviewed/contacted by someone in his office (including himself) regarding the complaint filed on their behalf by the EOC and at that time refused to go forward with any action once made aware of the requirement that they would have to appear and possibly face deportation. In that scenario, they would not have been the party that initiated the process.

To quote from the original article:

Anne Hobbs was angry. The head of the Nebraska Equal Opportunity Commission had just learned of a Hispanic couple who said their landlord asked for their driver's licenses ? but didn't ask the same of non-Hispanic tenants.

Hobbs said it sounded like the couple were "treated differently than everybody else because of national origin," and sent the case to the state's top prosecutor, hoping he would sue on their behalf under fair housing laws.

When Attorney General Jon Bruning received the case, he was angry, too ? for a different reason than Hobbs.

 

[1EZduzit]

I've always owned my house so I don't know much about renting, but in order to rent don't you have to sign some kind of lease/contract?

Wouldn't the landlord have the right to have you produce proof of who you are in case you skip out, and protect himself as much as possible from someone leaving an apartment damaged, with the aplliances/furniture stolen, etc??

 

[JS80]

don't you have to provide a SS# and proof of identity to rent?

 

[JeffreyLebowski]

Originally posted by: Wreckem
"No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."

Its clear that non cititzens are protected if they are within the jurisdiction of the United States.

Simple soultion is, let them file a suit. And then have INS deport them when they show up.

Re-read it. by being illegals they are not citizens, thus are not within the jurisdiction of the State. they are under the jurisdiction of the Federal gov, specifically the INS.

 

[ProfJohn]

^ I think it could have turned real messy real fast if they had gone forward with the case.

First thing home/apartment owner would have done is challenged the 'standing' of the people bringing the complaint against him.

 

[fskimospy]

Originally posted by: JeffreyLebowski

Originally posted by: Wreckem
"No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."

Its clear that non cititzens are protected if they are within the jurisdiction of the United States.

Simple soultion is, let them file a suit. And then have INS deport them when they show up.

Re-read it. by being illegals they are not citizens, thus are not within the jurisdiction of the State. they are under the jurisdiction of the Federal gov, specifically the INS.

Uhmm, that's completely wrong. They are under the jurisdiction of both the state they live in and the federal government.

Also Pro-Jo, why would the landlord challenge them based on standing? The injury is the substance of the complaint, that they were discriminated against.

 

[Dari]

Wait...you have illegal immigrants running to the law when they don't approve of certain illegal activities? This is rich.

 

[Throckmorton]

Originally posted by: TheAdvocate
Constitutional protections apply to citizens.

I have to agree with the AG.

PS - P&N is that way <---

Uhh I seem to recall being here on a visa, and then being a permanent resident, and having protection under the law.

 

[Dari]

Originally posted by: Throckmorton

Originally posted by: TheAdvocate
Constitutional protections apply to citizens.

I have to agree with the AG.

PS - P&N is that way <---

Uhh I seem to recall being here on a visa, and then being a permanent resident, and having protection under the law.

Perhaps he meant to say legal residents.

 

[fskimospy]

Originally posted by: Dari

Originally posted by: Throckmorton

Originally posted by: TheAdvocate
Constitutional protections apply to citizens.

I have to agree with the AG.

PS - P&N is that way <---

Uhh I seem to recall being here on a visa, and then being a permanent resident, and having protection under the law.

Perhaps he meant to say legal residents.

He's still wrong. Constitutional protections apply to everyone, legal or not. If you notice certain parts of the constitution use the word 'citizen', while the parts enumerating the rights refer to 'persons' or 'people'.

 

[sandorski]

If someone is going to be brought before a Court of Law, they deserve a proper Legal Defense.

 

[her209]

If illegals have no protection under the law, would I get in trouble for paying an illegal alien less than minimum wage? Would the illegal alien have legal recourse against me?

 

[MadRat]

While the victim of the discrimination may not enjoy protection by the law it doesn't absolve one from committing a crime. Killing an illegal is still illegal. It doesn't say in Nebraska's Constitution that there is a requirement for the murder victim to be a citizen, it merely defines the act of killing a person as illegal. So please don't go out and start treating these people like they are dogs. Give them their dignity as people and ship them home. If they come back then pay the Mexico government to lock them up before releasing them. But please don't strike out directly at them. They are just desperate people looking to survive.

 

[punchkin]

It's not true that illegal aliens have no constitutional or other legal rights in the U.S., although they certainly have fewer and weaker ones.