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[–] Chiefpacman 4 points 1 points (+5|-4) ago 

Within it's jurisdiction.

Jurisdiction doesn't mean within US borders. It's an extent of power, and it doesn't really answer the question. They are illegal.

If what you're saying were true, an illegal immigrant could re enter the country simply on the grounds that his miranda rights were not read appropriately.

Personally- I'd say the answer lies with congress ignoring this.


[–] Donbuster 1 points 0 points (+1|-1) ago 

take a look at Yick Wo v. Hopkins.

These provisions are universal in their application to all persons within the territorial jurisdiction, without regard to any differences of race, of color, or of nationality, and the equal protection of the laws is a pledge of the protection of equal laws.

Plyler v. Doe

The last two clauses of the first section of the amendment disable a State from depriving not merely a citizen of the United States, but any person, whoever he may be, of life, liberty, or property without due process of law, or from denying to him the equal protection of the laws of the State. ... It will, if adopted by the States, forever disable every one of them from passing laws trenching upon those fundamental rights and privileges which pertain to citizens of the United States, *and to all person who may happen to be within their jurisdiction. *


[–] Chiefpacman 1 points -1 points (+0|-1) ago  (edited ago)

Excuse me, shitty judges. Congress dodged a bullet there.

Our laws are belittled by these fools.