Things That Matter

A City Claims A Family Can’t Sue Over A Wrongful Death Because Undocumented People Don’t Have Rights Under Constitution

The original wording of the Fourth Amendment in the Constitution stated, that “‘each man’s home is his castle,’ secure from unreasonable searches and seizures of property by the government. It protects against arbitrary arrests, and is the basis of the law regarding search warrants, stop-and-frisk, safety inspections, wiretaps, and other forms of surveillance, as well as being central to many other criminal law topics and to privacy law.” A revised version states, “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” In other words, authorities cannot probe into people’s private information, home or belongings, without probable cause. Those laws apply to everyone, right? That’s not what some officials in one city in the United States believe. They’re claiming those laws do not apply to undocumented immigrants. 

In 2017, police were called to check on a domestic abuse suspect in Southaven, Mississippi. They went to the wrong house and shot and killed Ismael Lopez. 

Credit: Local 24 Memphis / YouTube

On a late Sunday evening, in July of 2017, police were called to serve a warrant for the arrest of a suspected domestic abuser named Samuel Pearman. His address was 5878 Surrey Lane, CNN reported, and police ended up going to a mobile home across the street where Ismael Lopez lived with his wife. Police entered Lopez’s home and ended up shooting him in the back of the head. He died on the scene. 

“It is so troubling to learn that not only this man died but that this man died running away from people who were trespassing on his premises after he was in bed lawfully,” Murray Wells, an attorney representing the Lopez’s family, told reporters, according to CNN

The Lopez family filed a $20 million lawsuit for his death after a jury failed to indict the police officers on the scene. The City of Southaven fired back with their own lawsuit saying Lopez has no rights under the constitution because he was an undocumented immigrant.

Credit: Local 24 Memphis / YouTube

This case is like most cases involving the police, the investigation had conflicting reports. Lopez’s wife claims the police came in unannounced, and the lawyer says bullet holes outside of the home support her story. The police say that Lopez pointed a gun at them. However, Lopez’s wife said that wasn’t the case. The police also shot and killed their dog. City attorneys are also questioning the credibility of Lopez’s widow, with claims they were never married, and that she was married to multiple men. Lopez’s attorney showed the documents to prove they were legally married in 2003. 

“It’s a real shame that they have to use these tactics to soil someone’s name when she lost her partner, the love of her life, in a tragic accident,” attorney Aaron Neglia said according to the Washington Post

So, does the constitution protect undocumented immigrants? The answer is a resounding yes even though the matter is still taken up in courts all the time.

Credit: Local 24 Memphis / YouTube

“Yes, without question,” Cristina Rodriguez, a professor at Yale Law School told PBS. “Most of the provisions of the Constitution apply on the basis of personhood and jurisdiction in the United States.”

Undocumented immigrants have the right to legal counsel, under the Sixth Amendment, they also have the right to due process under the Fifth Amendment. So, if the courts are already practicing the law under the constitution when it applies to undocumented immigrants, then the Fourth Amendment and all of them for that matter apply to them as well. 

Southaven attorneys have a different point of view. According to the Washington Post, attorney Katherine S. Kerby wrote, “If he ever had Fourth Amendment or Fourteenth Amendment civil rights, they were lost by his own conduct and misconduct. Ismael Lopez may have been a person on American soil but he was not one of the ‘We, the People of the United States’ entitled to the civil rights invoked in this lawsuit.”

We shall see how this case plays out in court.

Watch the full news report below.

READ: Advocacy Groups Suing ICE For Mass Raid In Tennessee, Claiming They Violated Workers’ Constitutional Rights

Another Member Of The US Military Has Been Arrested For Smuggling Undocumented People Across The Border

Things That Matter

Another Member Of The US Military Has Been Arrested For Smuggling Undocumented People Across The Border

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The U.S. military is going through a serious rough patch. Not only are they have issues recruiting new service members, but they’re also having problems retaining mental health workers, which is a really big deal because they help the people already inlisted. Now we’re seeing the ramifications of that.  Just this week a U.S. Navy sailor shot and killed two people at Hawaii’s Pearl Harbor military installation. The Navy sailor went on to kill himself. It all happened in the same week as the 75th anniversary of the attack on Pearl Harbor, which the celebration is supposed to take place this Saturday. The issues the military is facing is not combatting depression and other mental health problems within their units, but some ethical ones that go completely against what the country stands for. 

On December 2, U.S. marine was charged for smuggling undocumented people across the border near San Diego, California.

Credit: Unsplash

“On December 2, 2019, at approximately 1:30 a.m., a junior-enlisted Marine with Headquarters Battalion, 1st Marine Division was taken into custody by U.S. Customs and Border Protection (CBP) personnel for allegedly bringing in undocumented immigrants at the San Ysidro port of entry,” the Marine Corps said in a statement, according to ABC News. “The Marine is currently being held in civilian custody. The determination as to the adjudicating authority has not yet been made.”

The 20-year-old Marine has not been publically named, but the news station adds that they were not part of the “Trump administration’s southwest border support mission.”

Credit: Unsplash

Additional reports say the Marine was pulled over in a 2007 Ford Mustang for “additional screening.” That is when border officials found two Chinese women in his trunk. 

“The Marine is currently being held in civilian custody,” Marine spokesman Lt. Cameron Edinburgh said in a statement to Fox News. “The determination as to the adjudicating authority has not yet been made.”

This latest charge comes on the heels of a slew of other military officials who have also arrested on similar smuggling charges.

Credit: Unsplash

Just this summer, 19 Marines were arrested for various offenses. ABC News reports that the Marines were allegedly involved “in activities ranging from human smuggling to drug-related offenses.” All of the Marines involved in this case were stationed at Camp Pendleton in San Diego. The number of marines involved in this case gradually increased from 16 to 19.

“1st Marine Division is committed to justice and the rule of law, and we will continue to fully cooperate with NCIS on this matter,” the statement said, according to the network. “Any Marines found to be in connection with these alleged activities will be questioned and handled accordingly with respect to due process.”

According to Stripes.com, the Marines were all arrested in front of their peers during their morning formation and that was done purposely to make an example out of them. 

“It was a public display for the entire unit to see,” 1st Marine Division Spokesman 1st Lt. Cameron Edinburgh told the online news site. 

As for the reason to not disclose the names of the Marines arrested, Marine Maj. Kendra Motz said that is because “Out of respect for the privacy of the implicated Marines,” and added, “we will not release names or other identifying information until charges are announced.” Six out of those marines arrested have already pleaded guilty to human trafficking and drug charges. 

In related news, the U.S. Customs and Border Protection announced that detainments at the border continue to decrease.

Credit: Unsplash

U.S. Customs and Border Protection (CBP) Commissioner Mark Morgan said last month that in October, the trend of a decline of detainments at the border continues to show a decline. 

“The numbers show this administration has and continues to take bold action to address this crisis,” Morgan said, according to The Texan news. 

In May, however, it was a whole different story.  Back then, border officials said they saw 144,000 detainments in one month alone. From then until October, there has been a 70 percent. 

It’s certainly an odd predicament that the government and the military are facing because on the one hand detainments at the border are going down, which speaks positively of their security tactics. Yet, on the other hand, their own military workforce looks to be in quite the dilemma going against their own principals. 

READ: CBP Arrests A 16-Year-Old After Catching Them Using A Remote Control Car To Smuggling Drugs Across The Border

Megan Mullally Tweets Her Heart Is ‘Heavy’ Over The Death Of Actress Who Played ‘Will & Grace’s’ Beloved Latina Character

Entertainment

Megan Mullally Tweets Her Heart Is ‘Heavy’ Over The Death Of Actress Who Played ‘Will & Grace’s’ Beloved Latina Character

NBC

For eight seasons, fans of the late 90s sitcom “Will & Grace” tuned in to watch the friendship between two friends Will Truman and Grace Adler. During the course of its original eight-year run, one character, in particular, managed to capture the hearts of the show’s audience. Rosario Inés Consuelo Yolanda Salazar had initially been created to appear just once on the now-iconic series but was so well-received by the show’s audience that the series brought her on as a semi-regular character. Today, fans of the series and Rosario are in mourning after family members of the actress behind the beloved character, Shelley Morrison revealed that she had passed away over the weekend. 

Shelley Morrison, the actress behind “Will & Grace’s” beloved character died Sunday morning at age 83.

According to a report by the New York Times, the American theater and television actress had been admitted to Cedars-Sinai Medical Center in Los Angeles for heart failure after a brief illness. Morrison’s acting career spanned the length of 64-years and included roles on “The Flying” Nun in the late 1960s which starred Sally Field. She also made appearances on shows such as “Murder She Wrote,” “L.A. Law,” “Home Improvement” and “Columbo.”

According to The New York Times, Morrison’s husband Walter Dominguez said in a statement that “Shelley’s greatest pride as an actress was in playing the indomitable Rosario, in a comedy series that furthered the cause of social equity and fairness for LGBTQ people. She also took pride in portraying a strong, loving yet feisty Latina character. She believed that the best way to change hearts and minds was through comedy.”

Morrison, whose parents were Spanish immigrants, became famous for portraying one of television’s most recognizable Latinas.

During her time on “Will & Grace” Morrison starred as Rosario Salazar, Karen Walker’s, Megan Mullally, maid. The show’s character was from El Salvador and drew laughs for her part in constantly standing up to her socialite boss, Karen who had paid Rosario $350,000 per year. The beloved Rosario character appeared in 68 out of the show’s 233 episodes. She was not featured in the series’ revival after Morrison turned down offers to return because she had retired from acting.

According to The New York Times, Morrison had described Rosario as one of her all-time favorite characters “She reminds me a lot of my own mother, who loved animals and children, but she would not suffer fools. It is very significant to me that we were able to show an older, Hispanic woman who is bright and smart and can hold her own.”

Members of the “Will & Grace” cast offer their condolences to Morrison’s family on social media soon after her death was announced. 

Debra Messing who starred as Grace Adler on the show took to Instagram on Sunday writing  “Our dear Rosario has passed on. Shelley had a career that spanned decades, but she will always be our dear Rosie. All my love to Walter and the entire family.”

Eric McCormack also posted on social media about Morrison’s death.

In a tweet posted from his Twitter account, McCormack wrote “Shelley was a beautiful soul & a wonderful actor. Her work as Rosario, season after season, was as nuanced and real as it was hysterical. She will be missed by everyone at #WillandGrace, she’s a huge part of it. Sending so much love to Walter and Shelley’s whole family.”

In a separate post, Sean Hayes, who played Jack McFarland on the series described Morrison as having “the biggest heart.”

 “Such sad news. Our beloved Shelley Morrison passed away today. She was absolutely hilarious and had the biggest heart. She was a part of our Will and Grace family and will be greatly missed. My heart goes out to her husband, Walter and her entire family.”

Morrison’s co-star Megan Mullally also commented on her death describing her heart as “heavy” over the news. 

“Just got a bulletin on my phone that shelley morrison has passed. my heart is heavy. putting shelley, her beloved husband walter & their children in the light. thank you for your friendship & partnership, shell. you accomplished wonderful things in this world. you will be missed,” the actress wrote.

Morrison was born Rachel Mitrani on October 26, 1936 in the Bronx to Jewish Spanish parents.

According to her biography, Spanish was her first language and she became interested in Native American traditions through her husband who is a writer. Sparked from her interest, Morrison and her husband adopted six children through a traditional Native American ceremony.

A statement released by Morrison’s publicist said: “Shelley’s greatest pride as an actress was in playing the indomitable Rosario, in a comedy series that furthered the cause of social equity and fairness for LGBTQ people. She also took pride in portraying a strong, loving yet feisty Latina character. She believed that the best way to change hearts and minds was through comedy.”