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Lawyers for Deported Alien Use ''Fetus Citizenship Argument''*
Link provided courtesy of ChronWatch in its "Nut Watch" columnLawyers for a deported Mexican woman who is eight months pregnant are seeking her return to the United States to protect the unborn baby's health. They also say under federal law the fetus is a viable human being and thus may be eligible for citizenship rights. That argument sounds like a long shot to some on both sides of the immigration debate. But in May, a U.S. District Court judge in Kansas City, Mo., approved a stay of deportation for a pregnant Mexican woman after raising, among other concerns, the question of whether her fetus could be considered a U.S. citizen. The judge is reviewing the issue. That Missouri decision cannot set legal precedent, but immigration attorneys say it may offer them a new angle in deportation cases. ...Her husband's attorney, Luis Carrillo, said he is considering whether to file a lawsuit against Immigration and Customs Enforcement for unlawful deportation...He also cited the Unborn Victims of Violence Act of 2004, in which unborn children are granted equal protection under criminal law. Carrillo said that since the fetus is 8 months and would be viable outside the womb, it should be treated as a child born in the United States. "The child was conceived in the United States and would have been born in the United States except that the mother was deported. Through no part of his own, the unborn baby is in Mexico," Carrillo said. On the one hand, the left claims a fetus has no rights, but on the otherhand, the left claim an unborn fetus has rights and entitlements??? This country will be torn asunder by lawyers before OBL has a chance to do it. Posted by: rex 2004-07-28 |
| http://www.rantburg.com/poparticle.php?ID=39162 |