Videos tagged with Illegal Aliens

This video discusses the intersection of immigration law and Second Amendment rights, highlighting a perceived hypocrisy in how 'anti-Americans' treat illegal aliens versus law-abiding citizens regarding rights and due process. It details legal arguments concerning the detention of illegal aliens, particularly those apprehended within the U.S. interior versus at the border, and contrasts this with the perceived stricter regulations imposed on American gun owners.

This video features constitutional attorney Mark W. Smith discussing a significant Office of Legal Counsel (OLC) opinion issued under the Trump administration. The opinion, informed by the Supreme Court's decision in Loper Bright, effectively ends welfare benefits for illegal aliens by closing a loophole that originated during the Bill Clinton era. Smith also touches upon his article in the Harvard Journal of Law & Public Policy concerning the delay of firearm carry licenses in anti-gun jurisdictions.

The Sixth Circuit ruled in United States v. Escobar Tamal that individuals unlawfully present in the United States do not possess Second Amendment rights. The court determined that the prohibition on illegal aliens possessing firearms under 18 U.S.C. § 922(g)(5)(A) is constitutional, focusing on the lack of a sufficient connection to the U.S. government for regulation rather than individual dangerousness.

A US Court of Appeals for the Seventh Circuit ruling affirmed that illegal aliens do not possess Second Amendment rights to keep and bear arms. The court referenced historical traditions of disarming individuals not loyal to the sovereign, drawing parallels to historical restrictions on Catholics in England, slaves, Native Americans, and Tories during the American Revolution. This decision upholds federal law prohibiting firearm possession by illegal aliens.

This video discusses a controversial standing order issued by the U.S. District Court for the District of Maryland. The order automatically grants an injunction against the federal government upon the filing of a habeas corpus petition by an alien detainee, preventing their removal from the U.S. or alteration of their legal status. The speaker contrasts this with the lengthy legal processes faced by Second Amendment supporters seeking similar relief.

This video argues that the success of the Trump administration is crucial for preserving Second Amendment rights. The speaker, Mark Smith, a constitutional attorney, emphasizes that the administration's focus on combating violent criminals and deporting illegal aliens is beneficial for gun owners. This approach, he contends, reduces the ammunition for the anti-gun movement, which often uses acts of violence by criminals to push for stricter gun control laws. The video also distinguishes between inherently evil acts (malum in se) and those that are crimes simply because they are legislated (malum prohibitum), advocating for a government focus on the former.

This video analyzes the legal arguments surrounding Donald Trump's executive order on birthright citizenship, focusing on the interpretation of the 14th Amendment's Citizenship Clause. The speaker, Mark Smith, a constitutional attorney and Second Amendment advocate, argues that the phrase 'subject to the jurisdiction thereof' implies an allegiance to the United States, which children of illegal aliens may not possess. He draws parallels to historical interpretations and Supreme Court cases like US v. Juan Kim Arc, suggesting that birthright citizenship may not automatically apply to children born to individuals in the US illegally or through visa fraud.

This video discusses the legal implications of 'no guns' signs on businesses, arguing they could constitute false advertising if not enforced. It also covers a case where an ATF agent was awarded a significant judgment against local police officers who tased him, questioning the application of qualified immunity. Finally, it touches on a ruling that illegal aliens do not possess Second Amendment rights.

This video discusses a US District Court ruling in Ohio concerning firearm possession by individuals unlawfully present in the United States. The speaker, a constitutional attorney, argues that 'illegal aliens' are not part of the 'people' as defined by the Second Amendment in Heller, and therefore do not possess Second Amendment rights. He emphasizes that pursuing this legal argument is a waste of time and counterproductive for the Second Amendment community, as it diverts attention from more critical cases that could benefit lawful gun owners.

This video discusses a recent ruling by the U.S. Court of Appeals for the Fifth Circuit, which affirmed that illegal aliens do not possess Second Amendment rights. The host, Mark Smith, a constitutional attorney, explains that the operative phrase 'the people' in the Second Amendment refers to individuals within the United States' national community, a definition that excludes those who have entered the country illegally. The ruling is presented as consistent with Supreme Court precedent and common sense, emphasizing that the right to bear arms is not extended to individuals who are not part of the national community.

The Fifth Circuit Court of Appeals, in United States v. Medina Canu, definitively ruled that illegal aliens do not possess Second Amendment rights. This decision upholds 18 U.S. Code § 922(g)(5), which prohibits firearm possession by individuals unlawfully present in the U.S. The court relied on precedent, specifically Portillo Munoz, and found that neither Bruin nor Rahimi unequivocally abrogated this prior ruling, thus affirming the constitutionality of the federal ban.

This video discusses the legal arguments surrounding firearm possession by undocumented immigrants, focusing on the case of United States v. Jose Pasmedino Canu. The speaker expresses concern over dangerous arguments made by the Department of Justice, suggesting that historical traditions of disarming certain groups could be broadly applied, potentially impacting the Second Amendment rights of various populations beyond undocumented immigrants.