Monday, August 04, 2008
Enforcing the Law doesn't give Authority to Violating Human and Civil rights.!!!!
Enforcing the Law doesn't give Authority to Violating Human and Civil rights.!!!!!!
Immigration Laws continue to spreads as an Inhumane Laws violating peoples Human and Civil rigths. There is a lot of cases of pregnant woman who's lost the fetus or unborn baby do to the unfairly and inhumane treatment for their conditions.
Lawyers Say Fetus of Deported Pregnant Woman Considered Citizen Under Unborn Victims of Violence Act
Lawyers for a pregnant woman who was deported earlier this month have said that she should be allowed to return to the United States because her 32-week-gestation fetus -- which was conceived in the United States -- is guaranteed equal protection under criminal law as a result of the Unborn Victims of Violence Act of 2004 and therefore could be eligible for U.S. citizenship rights, the AP/Seattle Times reports. Maria Christina Rubio was deported on July 16 after immigration officials determined that her residency request had been denied two years ago and that she previously had been deported after illegally entering the United States. In addition, immigration officials last week denied Rubio's request for a humanitarian visa to return to the United States because of pregnancy complications that are putting the health of her fetus at risk; Rubio was hospitalized during her fifth month of pregnancy and has reported severe stomach pains throughout her pregnancy, according to Luis Carrillo, Rubio's husband's attorney. Carrillo said that because Rubio's fetus would be viable outside the womb, it should be treated as a U.S. citizen because the Unborn Victims of Violence Act grants a fetus equal protection under criminal law (Wides, AP/Seattle Times, 7/29). President Bush in April signed the act, which makes it a separate crime to injure a fetus during the commission of a violent federal crime against a pregnant woman. The legislation applies only to federal crimes of violence, crimes committed under the Uniform Code of Military Justice or crimes committed on federal land (Kaiser Daily Reproductive Health Report, 6/1). "The child was conceived in the United States and would have been born in the United States except that the mother was deported," Carrillo said, adding, "Through no part of his own, the unborn baby is in Mexico." According to Immigration and Customs Enforcement spokesperson Virginia Kice, the U.S. Constitution defines a citizen as "[a]ll persons born or naturalized in the United States," not "all persons who were conceived in the United States" (AP/Seattle Times, 7/27).
Similar Case In May, U.S. District Judge Scott Wright in Missouri temporarily prohibited the deportation of a pregnant Mexican woman who had falsely claimed U.S. citizenship, saying that her fetus is a U.S. citizen and may be protected under the Unborn Victims of Violence Act. Wright ruled that Myrna Dick, who was married to a U.S. citizen, could remain in the United States temporarily and told the prosecution and defense teams to prepare for a possible trial (Kaiser Daily Reproductive Health Report, 6/1). Lawyers for the U.S. attorney's office in Missouri had argued that although a fetus may be protected under criminal law, the statute does not restrict the government's immigration authority, according to the AP/Times. Although the Missouri case does not set a legal precedent, immigration attorneys said it may provide them with a "new angle" in deportation cases, according to the AP/Times. "You can say this argument is a stretch, but these are the types of arguments that attorneys have to make to get into court," Alan Diamante, an advising attorney on the Rubio case, said. Carillo said he is considering filing a suit against ICE for unlawful deportation of Rubio (AP/Seattle Times, 7/27).