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Metropolitan DC Local Politics
Reply to "MOCO paying illegals layers with our taxes"
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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]Agreed. I don't see the Constitution giving criminal illegal immigrants the right to representation. That's a right given to citizens. [/quote] How do you know they are illegal if they aren't given a fair hearing? BTW, here is the 6th amendment to the US constitution [i] Amendment VI In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.[/i] It says the accused. Nowhere does it mention citizenship. If there is any rationale for denying this right in an immigration proceeding, it is the argument that such proceeding is NOT a criminal prosecution, but a civil matter. But that would seem to contradict the idea that all illegal immigrants are ipso facto criminals.[/quote] This is a federal question, immigration proceedings are federal proceedings, and you just quoted the US Constitution, not the Maryland Constitution. Whether detainees have a right to representation in a federal immigration proceeding is irrelevant - if they do, then it is the US government's responsibility to pick up the tab. But nowhere is there a constitutional right to have an attorney in a federal proceeding provided by and paid for with county funds. That's ridiculous. As one of those high income Montgomery County taxpayers - I can't move right now. But there's a pretty good chance once my kids finish school we're out. And that isn't so far away. [/quote] I am quite sure SCOTUS reads the 6th amendment as applying to the states, based on the 14th amendment. [/quote] Yes. And? This is not a situation where a state has been ordered to provide representation. This is a county (not a state) voluntarily providing representation to detainees facing deportation. Not because they have to, because they want to. [/quote] and the REASON for that, in the article linked to by OP is [i] Being in the country illegally is a civil — not criminal — violation, so those arrested are not entitled to public defenders if they can’t afford a lawyer of their own.[/i] They are not entitled to a lawyer BECAUSE they are NOT criminals. Get it? Not criminals. Its a civil proceeding. IF they were accused of a crime, THEN they WOULD be entitled to a lawyer - paid by the govt. So yeah, MoCo is paying for lawyers for undocumented immigrants. Not for criminals. [/quote]
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