Saturday, January 20, 2018

Mens Rea, Dreamers and Rule of Law.

I keep hearing this from certain quarters about how Deferred Action for Childhood Arrivals (DACA) has been coddling Lawbreakers. 

But here's the elephant in the room : These people were brought to the USA as minors, many of them what the law would define as "Children of Tender Years." Well now, consider the principle in law known as mens rea, or the ability to understand that your actions are wrong, and the principle of forming criminal intent, which go hand in hand. Now, I'm not a lawyer, so I could be wrong here, but from what I've read, there is ample case law, and even some statute law, which say that children under a certain age simply cannot form criminal intent, or have the knowledge that what they're doing is wrong, thus are generally held not guilty or not responsible for their acts. This being true, the people who came here as children of the appropriate age would not be guilty of illegally immigrating into the United States. Full Stop. Case Closed. If you're looking for lawbreakers, look elsewhere.

But what about The Rule of Law(!) ? 

I've been hearing no end of "Rule of Law!" cries here.

Many have been saying that "we are a nation of laws, we can't have these scofflaws here!"
Except -- this is being said by Congressmen and Senators. The people who make the law
 The thing about the law is, it's a living thing. In law, few things are carved in stone. For example, Abortion used to be illegal in all 50 states. Then came the supreme court case Roe v Wade. The 9 wise men on the court heard arguments from both sides, and from amicus briefs, and then ruled. Abortion on demand, within certain scientifically determined limits, became the law of the land. (and people have been fighting over it ever since.) It used to be perfectly legal to rape your spouse. It was not until 1982 that all states changed the law to make spousal rape a crime. The law changes with the times. in 1792 there were no Immigration laws. People came and went as they pleased, and the racial makeup of the USA changed from one year to the next. Later, in order to restrict immigration from "undesirable" countries, laws were written, voted on and passed, and then signed by the President of the United States. So, immigration was limited. First from Germans and Italians, then Chinese, then Mexicans. But there are holes. Cubans can stay here so long as they land on US Soil before the ICE catch them. Other nations residents can only come here if they win an immigration lottery. (and there is a move on to end that.) Still others who are naturalized US Citizens can sponsor direct relatives to come to the USA (there is a move on to end that, also). So, congress could easily vote to support the now former DACA recipients.  The people of the United States want to protect DACA recipients at an 80 to 20 ratio. But the Republicans in charge of procedure in the Congress refuse to allow any such bill to be moved toward passage in the house. The President of the United States claimed he would sign any DACA bill put before him, then turned around and reneged on the deal. So, why is this ? Simple enough. Trump is being steered on this by his Chief of Staff John Kelly, and by Racist and Immegration foe Steven Miller. These men, aided and abetted by Mr Cotton (R, Arkansas) and Mr Steve King (R, Iowa) and others, have made sure that no deal will be forthcoming. The only DACA deal they want is to have them all deported, because most of them happen to be of the Non-White type of people. It's nothing to do with rule of law, and everything to do with hating brown and black people, and doing everything they can to stave off the day when such people have the voting majority.

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