I maintain that undocumented immigrants have the right to stay, and probably the right to citizenship as well...But, no doubt some corrupted and/or far-left lawyers are no doubt looking into something similar. And, recall that a couple of years ago the U.S. was sued by Mexico in the International Court of Justice. And, recall that the U.N. is very much in favor of illegal immigration from poorer countries to richer countries.
...The US de jure immigration policy forbids entry and work here without formal permission and official documentation.
The US de facto immigration policy has for decades allowed entry and work here without formal permission and official documentation.
The concept of equitable estoppel bars our government from now adopting a position that contradicts the de facto immigration policy, because that contradictory stance would be unfair to the undocumented immigrants who relied on the de facto policy.
I'm not saying the doctrine of equitable estoppel is enforceable in a court of law on behalf of undocumented immigrants...
Immigration · Thu, 05/11/2006 - 08:45 · · Importance: 1
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Comments
I don
Posted by: Terry Sater at May 26, 2006 5:25 PM
um, i'm actually an attorney and i am getting quite sick of these quasi-attorneys telling only half the story. This article would be an acceptable take on equitable estoppel except for the "equitable" part. equitable meaning what is fair and equal in light of all factors and not necessarily according to rule.
however, equitable estoppel will not apply where the underlying act is illegal or against public policy, just like you can't file a breach of contract action to enforce an illegal sale of goods (e.g. drugs).
therefore, applying the doctrine of equitable estoppel would not work on these facts since it would benefit illegal immigration.
one less thing we have to worry about, i think, except for the fact that a court can pretty much do whatever crazy thing it wants....
Posted by: calypso catteraugus at May 12, 2006 8:14 AM
"...stance would be unfair..."
There you go, the newest PC lawsuit! After the courts ban testing in high schools, they will surely ban any attempt at law enforcement at the border or in our cities.
Posted by: Pat at May 11, 2006 7:31 PM
WHAT IS REALLY BEING SAID IS MEXICO AND ITS DRUG DEALERS WIN. What will you do when you become a non person inside Aztlan? see Jews 1933-1945, that is what will happen to you!
Posted by: Fred Dawes at May 11, 2006 6:34 PM