You’re in the United States illegally. You are driving without insurance, and even a little tipsy. There’s a warrant out for your arrest, driving without a license and domestic battery. Everything about you is illegal, but mainly, JUST BEING IN TRAFFIC IN FRONT OF ME IS 100% ILLEGAL on *THREE* counts!!!
But get this:
I slide into your rear bumper in the rain. You can get out, rub your neck and be “set for life” with a shitbird lawyer like Heller, Van Sant or Gary Hayes.
How is that even possible?
Sarah Paoletti, a practice professor of law at the University of Pennsylvania and director of the Transnational Legal Clinic, wrote in an email to FactCheck.org: “All immigrants, regardless of their legal status within the country, are entitled to equal access to the courts and the right to petition before the courts if their rights have been violated or are being threatened in any way. U.S. federal and state law does not grant the right to sue or the right to defend oneself in court based on citizenship status.”
In Zadvydas v. Davis, Justice Stephen Breyer wrote in his 2001 majority opinion that “once an alien enters the country, the legal circumstance changes, for the Due Process Clause applies to all ‘persons’ within the United States, including aliens, whether their presence is lawful, unlawful, temporary, or permanent.”
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