Is there an American case law that favors immigrants or foreigners?
I need some case laws that support the government's adherence to the Vienna Convention...
Sorry, I should have clarified, I am looking a way to refute the Supreme Court decision made in Leal Garcia v. Texas. I know that the US does not adhere to the Vienna Convention, but I was wondering if there is some type of case law that would favor foreign criminals by granting them some kind of say with regards to the rights that the Vienna Convention gives them.
- rickinnocalLv 79 years agoFavorite Answer
The US does NOT adhere to the Vienna Convention.
In two recent cases, those of Jose Medellin and Humberto Garcia, even the US Justice Department agreed - and argued before the Supreme Court - that the State of Texas had deliberately violated the mens rights under the Vienna Convention by not informing their government of their arrest and charging, and by denying them access to their Consuls (In Garcia's case even after he had specifically asked to see a consul).
The Supreme Court ruled in both cases that while the actions of Texas did violate their rights under the Vienna Convention, Texas was not a signatory to the Convention, and it was therefore binding only on *Federal* courts, not on Texas *State* courts.
As a direct result of these cases, Mexico and several other countries now take the legal position that the USA has unilaterally abrogated the Convention, and that US nationals no longer have Vienna Convention rights in their countries.
The Mexican Justice Department has even stated for the record that Mexican police forces should no longer consider US diplomats to have diplomatic immunity in Mexico, as well as that Americans arrested in Mexico should no longer be given access to US consular officials.
Less extremely, for example, the British Home Office has also advised police forces that Americans arrested in the UK are no longer entitled by right to access to US consuls, and that such access should be granted only if it will not "inconvenience" the criminal prosecution.
- tinaLv 59 years ago
Anything from back in New York when the immigrants came over.