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Posts tagged "law"

Tennessee does not recognize common law marriage

Tennessee doesn't recognize what other states consider to be "common law marriages." Some states allow common law marriages to be formed when two individuals in a relationship cohabitate for a set period of time. This would then create a marital union to allow for support, alimony, and surviving spouse benefits upon death. A recent case has highlighted the issues that arise when individuals who were in such a recognized relationship in another state move to Tennessee.

Do Non-Citizens have Constitutional Rights?

There is a misconception that the U.S. Constitution applies only to U.S. citizens. Some passages and phrases in our laws explicitly state only "citizens" are afforded certain rights, such as the right to vote. When the terms "resident" or "person" is used instead of citizen, the rights and privileges afforded are extended to protect citizens and non-citizens alike. Moreover, protections under the 14th Amendment ensure that no particular group is discriminated against unlawfully.

Due Process for Undocumented Immigrants

Due process allows an individual in the federal sphere to exercise his or her legal rights afforded by the U.S. Constitution and laws enacted by Congress. In immigration court, it allows one to contest the proposed deportation by appearing before a judge.

Supreme Court strikes down unconstitutionally vague immigration law

An unconstitutionally vague immigration law has been struck down by the U.S. Supreme Court.  The case of Sessions v. Dimaya centered on a burglary conviction that that an Immigration Judge determined was an "aggravated felony." If convicted of an aggravated felony, Dimaya would be subject to mandatory detention and  automatic removal from the United States. 

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