Mexico to Sue U.S. for Even Half-Heartedly Trying to Defend Its Borders
The AP reports:
Mexico said Tuesday that it would file lawsuits in U.S. courts if National Guard troops on the border become directly involved in detaining migrants.
And I am announcing that if any such lawsuit is filed, I will file a lawsuit against the plaintiffs, for intentionally causing me the emotional distress of having to read about such a frivolous lawsuit.
Whose lawsuit do you think would be more sanctionable? Theirs, or mine?
I think this would be an even stupider lawsuit than Michael Cohn’s.
If Mexico sues the US for enforcing border law and you sue them I’m going to sue you if you don’t make it class action and allow the rest of us to join.
We could claim eye muscle strain from involuntary rapid eye rolling and mental duress.
Comment by Dwilkers — 5/17/2006 @ 6:28 am
Unfortunately, this is serious and not facetious. The government of Mexico, just like Islamist organizations and many others, has learned to use the American legal system to paralyze, intimidate, and persecute.
BTW, whether which lawsuit would be more sanctionable is irrelevant: they have sovereign immunity; you don’t.
Comment by great unknown — 5/17/2006 @ 7:09 am
And what, exactly, are they contending is illegal about having troops detain illegals?
Comment by the wolf — 5/17/2006 @ 7:13 am
Well. This is why there’s more to the immigration debate.
A lot of people are bandoning Bush in disgust because of the immigration thing, but the big picture is about the judiciary. Without a Pub majority and president we could have 2 new Ginsbergs on the court rather than Alito and Roberts.
Who knows what they’d say if a case like this got in front of them? Could it be unconstitutional for the US to police it’s own border or limit immigration at all? Remember these are the same people that don’t understand the meaning of “shall make no law”.
Comment by Dwilkers — 5/17/2006 @ 7:28 am
So much for Fox stating this is a US sovereignty issue.
Comment by Dusty — 5/17/2006 @ 7:38 am
I got a chuckle from the Nunez (Mexico’s National Immigration Institute rep) quote worrying that the flow of illegals will increase in the hope of benefiting from a possible amnesty program.
What amnesty program?
Comment by Dusty — 5/17/2006 @ 7:47 am
Resoprosity. I wonder if the Mexicans have ever heard of it.
Violating sovereignty by messing in the internal affairs of another country has pushback.
First we have Mexican officials come to the May 1st rallies, now we get threatened lawsuits.
Comment by Neo — 5/17/2006 @ 8:15 am
Our “Friend” Mexico
Nothing says amigo like threatening to sue us for enforcing our own laws: Mexico said Tuesday that it would file lawsuits in U.S. courts if National Guard troops on the border become directly involved in detaining migrants. Mexican border officials…
Trackback by The Political Pit Bull — 5/17/2006 @ 8:22 am
Is there any plausible legal theory under which Mexico could bar the US from enforcing its own laws and defending its own borders?
Comment by Fredrik Nyman — 5/17/2006 @ 8:29 am
No, but given the crazy legal theories American courts have come up with in prior cases, I can hardly fault Mexico for trying.
Comment by Xrlq — 5/17/2006 @ 10:08 am
Fredrik, I’m no lawyer, but I can’t see how as they are illegally entering the country, thus breaking our laws, and if anything, the Mexican government can be held accountable for not enforcing their side of the line as a good neighbor should. However, the ICC provision regarding “inhuman” treatment someone might try to argue.
Comment by galletador — 5/17/2006 @ 10:20 am
How would Dean Pregerson rule? Or daddy Harry?
Comment by Kevin Murphy — 5/17/2006 @ 10:25 am
Vincente Fox needs to spend more time concerned with HIS southern border and less on ours. The center for Immigration Studies has documented ten’s of thousands of abuses against those entering Mexico from Honduras. If he wants to lead by example, then we should militarize our border as he has done along the 600 mile border with Honduras. What a hypocrite.
Comment by JD — 5/17/2006 @ 11:30 am
If Fox paid attention to reforming his own corrupt country and creating the conditions for a middle class to develop in Mexico we wouldn’t even have to worry about this.
Comment by Dwilkers — 5/17/2006 @ 11:48 am
A PA baseball team will be hosting Salute to Frivolous Lawsuit Night for their game July 2:
Comment by steve — 5/17/2006 @ 1:49 pm
My guess is that the lawsuit would be based on the Posse Comitatus Act, which is a general prohibition on using troops under Federal control for law enforcement purposes. I actually violated the law once by accident (something I learned years later when I was in Law School).
Comment by Roscoe — 5/17/2006 @ 2:09 pm
But is there jurisdiction in our courts for a foreign country to sue the United States?
Comment by nk — 5/17/2006 @ 2:28 pm
I’m guessing hte plaintiff would be the specific person that was captured. They certainly have jurisdiction. Wouldn’t be hard to find someone with standing.
Comment by actus — 5/17/2006 @ 2:41 pm
First, I’m sick and tired of Mexico interfering in our governmental process and our nation. But, as to what Mexico could use as a basis for suing us? Either Posse Comitatus as mentioned above or that treaty (?) that covers how we treat each other’s citizens vis-a-vis law enforcement. But, I’m not an attorney or even a professor of law so what do I know…
I do know that I want to sue Mexico for causing me to have to select “English” when I call for tech support, medical appointments, any government office, or now to even order a friggin’ pizza. My patience and my button pushing finger are wearing thin.
Seriously, I am getting very, very tired of the politics surrounding illegal immigration. And Mexico can take only a small piece of the blame for our screwed up system refusing to act in the best interest of American citizens and legal immigrants.
There is no other issue that will effect as much drastic change on American society - our culture and makeup - as illegal immigration. That all too many of our politicians are willing to sell our future for money and votes makes me both angry and disgusted.
We do not need a “comprehensive program”, that is political code for doing nothing or worsening the problem. All we really must do is gain and maintain control of the border, and remove the incentive for people to violate our borders by severely punishing employers that hire illegal aliens. (And yes, our economy will survive just fine thank you.)
As to what we do with those illegal immigrants already here, that is not the right question. The question is, when they can no longer get jobs, what will they themselves do?
I think they should be completely free to leave our country. I would even support providing free transportation and a one time payment to help them transition back into their own country.
I don’t expect we’ll ever seal the border and completely stop illegal immigration, but we can close it down to small fraction of what it is now and preserve the nation.
Comment by Dr. Deano — 5/17/2006 @ 2:46 pm
The US declared war on Mexico on May 13, 1846, in an effort to resolve border disputes following the admission of Texas into the Union. Following several US military victories, including the capture of Mexico City by General Winfield Scott in August 1847, the US and Mexico signed the Treaty of Guadalupe Hidalgo on February 2, 1848.
According to the Library of Congress website (http://www.loc.gov/rr/hispanic/ghtreaty/), the provisions of this Treaty “called for Mexico to cede 55% of its territory (present-day Arizona, California, New Mexico, and parts of Colorado, Nevada and Utah) in exchange for fifteen million dollars in compensation for war-related damage to Mexican property. Article XVI of the Treaty of Guadalupe Hidalgo also provides:
“Each of the contracting parties reserves to itself the entire right to fortify whatever point within its territory it may judge proper so to fortify for its security.”
Comment by DRJ — 5/17/2006 @ 3:45 pm
Can see it now: “Reinhardt, J: Citizens of Mexico lived openly and nortiously in California for decades. Their money rebated to Mexico can be considered property taxes. The 12(b)(6) is overuled and a trial shall proceed on the issue of whether Mexico has adversely possessed California. Costs to Mexico.”
Comment by Frank Drebbin — 5/17/2006 @ 4:59 pm
We can always cross-complain against Mexico on behalf of their own citizens for fraud, negligence, and intentional infliction of emotional pain, all causing them to attempt escape from their persecutors.
Comment by Patricia — 5/17/2006 @ 6:56 pm
Could we name the attorneys representing Mexico in a counter suit?
Comment by Dan Kauffman — 5/17/2006 @ 7:45 pm
For what?
Comment by actus — 5/17/2006 @ 8:02 pm
Being jerks.
Comment by Patterico — 5/17/2006 @ 8:21 pm
We should cross-complaint under Rule 7.62!
Comment by Another Drew — 5/17/2006 @ 10:08 pm
Cool I would dontat to That
Comment by Dan Kauffman — 5/17/2006 @ 11:15 pm
Why Pain and Suffering caused by the Anxiety that they are preventing our Southern Borders from being defended.
Comment by Dan Kauffman — 5/17/2006 @ 11:16 pm
Boy you people are whiny.
Comment by actus — 5/18/2006 @ 11:07 am
we should only defend our borders as will as Mexico-defends its boder to the south-maybe the people comeing over their borders into their country should sue their butts to.
Comment by Alfred Doten — 5/20/2006 @ 10:27 pm
Nice site I found … Plan on coming back later to spend a little time there.
Comment by Acne Laser — 10/9/2006 @ 2:19 am
Good site I found … Plan on coming back later.
Comment by Pueraria Mirifica — 10/16/2006 @ 6:33 am
I can’t beleive this is even an issue
Comment by moderate — 12/15/2006 @ 3:09 pm