Thomas wrote:Foxfyre wrote:Thomas wrote:So I take it your answer to my question is: "Yes, I would find it acceptable if Albuquerque confined German immigrants to the back of its buses."
That's interesting.
Language barriers and culture differences aside, I cannot in my wildest imaginations figure out how you possibly extracted that from anything I said.
It flows quite naturally from your rhetorical question: "What fundamental right is there to sit in any particular place on a bus?", your assertion that citizenship makes a difference, and the fact that German immigrants are citizens of Germany, not America. (I should probably have made that clearer in my hypothetical. In fact, I should have used a German tourist.)
Moreover, a look into the 14th Amendment should convince you that the equal protection of the law is not confined to citizens. The amendment reads in relevant part: "[N]or shall any State [...] deny to any person within its jurisdiction the equal protection of the laws." Note: "person", not "citizen".
It doesn't flow naturally at all. I don't have the right to demand a particular seat on a bus and neither do you as a German tourist. And neither does somebody here illegally. I think I made it clear that I would consider it very bad manners to send Germans or any other tourists to the back of the bus as a matter of policy. Where any legalities would come in there, I'm not sure, but you could be right that our courts would rule in your favor if you pushed the issue. Where I objected was in your assumption that I would think it was okay. I did not say that, imply that, or leave any question about that.
The 14th amendment does not protect illegals in all cases however. In your earlier example of requirements for your green card, you are not automatically entitled to all benefits of U.S. citizenship. Also, the U.S. government cannot deport me however, as a U.S. citizen just because I break the law. The government, however, can immediately deport an illegal whether or not he breaks the same law I broke. So there are exceptions to 'equal treatment' between citizens and non citizens.
The bottom line, according to Findlaw, is that everybody in the same circumstances is entitled to equal protection under the law; not necessarily that everybody is treated the same in all circumstances.