Any lawyers out there:
How can an illegal non-citizen even access the US court system? WTFO?
Ok, I am not a lawyer but I do love my constitution enough to study it every now and again. Non-citizens of the US have access to US Courts because of the fourteenth amendment.
"....No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive an person of life, liberty, or property, without due process of law; nor deny any person within its jurisdiction the equal protection of its laws."
The common argument when interpreting this within the Court system is the deliberate usage of both "citizens" and "persons," i.e. they knew what they were writing and what was meant when they ratified it in 1868.
It is interesting to note that the phrase "Citizen of the United States" does not appear until the 11th amendment (ratified 1795) implying that the founders intended our Constitution, and thus our laws, to extend to every person on US soil.
I still think the case in question is a joke. Private property and protection there of represents legal issues far beyond the scope of amateur study. Needless to say, I hope they get their asses thrown out and this guy is formerly recognized by, at the very least, the State of Arizona for being AWESOME. I don't understand why people in Mexico can't just do it legally. Its not easy but its not impossible either.