Posted on Sep 15, 2017
Do illegal immigrants have the same constitutional rights as US citizens?
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This is one of the issues we should sort out in upcoming immigration legislation. They should not have full access to the rights guaranteed under the US Constitution, because they are not citizens or legal residents. The 4th, 5th, and 14th Amendments should not apply. They should be detained without bond or defense counsel, held in humane facilities and provided adequate food, clothing and living space, and provided a speedy hearing before an impartial administrative law judge. If their illegal status is confirmed and they have committed no other crime, then they should get a free trip back to the country from which they came. For repeat offenders or those committing criminal acts, they should be held without bond, prosecuted to the full extent of the law, and imprisoned or deported as the court determines.
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Racist bastard for asking? Are you assuming that the only people who are illegal come from Latin America? We have Chinese and Irish and people from all over the Caucasian world who try to sneak in the United States. It's not about racism. Maybe certain ethnic groups that are pro-immigrant are thinking that. We have lots of caucasians from all countries of the world who are trying to get in here too. My mom did immigration from 1960 until 1987 or so when they pass Immigration Reform Act and she retired. Little did she know that millions of illegals from all over the world keep coming here taking there going to be grandfathered again and again and again. I am not racist. My mother came from Honduras a Spanish-speaking Latino country legally here in 1959. She was a resident alien and didn't become an American citizen until 1976. She married an American citizen and back then she was able to immigrate to the United States as a single woman. So if you people are just claiming racism you need to see the makeup of the illegals. Tell me rallypoint, do you know of Irish illegal aliens in Boston? I've heard of them. They are white. That is not racism. But you know if they did come from Latin America or Africa or Asia it's not a racism thing it's a legal thing. Try to sneak into their countries and see what happens if you are caught? I'm sure it's not any nicer but liberals don't want you to think that.
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LTC Stephen Conway
SSG Robert Webster - you are very welcome. La Raza Unida and LULAC won't like me!
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Constitutional Rights
Even if you're in the United States without permission or proper immigration documents, various sections of the U.S. Constitution apply to you. There is a particularly important provision of the Fourteenth Amendment stating that, "No state shall . . . deprive any person of life, liberty or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."
An undocumented immigrant is definitely a "person." In brief, this means that you are owed such procedural rights as a jury trial and the right to defend yourself against the charges if arrested; and if someone sues you over a civil matter, that you have the right to receive notice and to defend yourself in court.
Various criminal charge-related amendments to the Constitution (including the First, Fourth, Fifth, Sixth and 14th) also apply. These protect undocumented immigrants against unlawful search and seizure by law enforcement authorities (without probable cause and a warrant for such an action) and against self-incrimination.
Undocumented immigrants have the right to file lawsuits, such as discrimination suits, in federal court. State laws vary, but some jurisdictions give an undocumented immigrant the right to sue in state court, as well.
Defense Against Removal
You have the right to defend yourself against deportation or removal from the United States. If immigration officials discover that you're living in the country illegally, you have the right to a hearing before an immigration judge in the Executive Office for Immigration Review or EOIR (unless you've returned to the U.S. after a previous order of deportation). The U.S. government can't, in most cases, simply send you home without a hearing.
You also have the right to representation in immigration court by an attorney, but the U.S. government doesn't have to pay for one on your behalf. You may be able to find low-cost legal help from a charitable organization serving immigrants.
Even if you're in the United States without permission or proper immigration documents, various sections of the U.S. Constitution apply to you. There is a particularly important provision of the Fourteenth Amendment stating that, "No state shall . . . deprive any person of life, liberty or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."
An undocumented immigrant is definitely a "person." In brief, this means that you are owed such procedural rights as a jury trial and the right to defend yourself against the charges if arrested; and if someone sues you over a civil matter, that you have the right to receive notice and to defend yourself in court.
Various criminal charge-related amendments to the Constitution (including the First, Fourth, Fifth, Sixth and 14th) also apply. These protect undocumented immigrants against unlawful search and seizure by law enforcement authorities (without probable cause and a warrant for such an action) and against self-incrimination.
Undocumented immigrants have the right to file lawsuits, such as discrimination suits, in federal court. State laws vary, but some jurisdictions give an undocumented immigrant the right to sue in state court, as well.
Defense Against Removal
You have the right to defend yourself against deportation or removal from the United States. If immigration officials discover that you're living in the country illegally, you have the right to a hearing before an immigration judge in the Executive Office for Immigration Review or EOIR (unless you've returned to the U.S. after a previous order of deportation). The U.S. government can't, in most cases, simply send you home without a hearing.
You also have the right to representation in immigration court by an attorney, but the U.S. government doesn't have to pay for one on your behalf. You may be able to find low-cost legal help from a charitable organization serving immigrants.
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SSG(P) Erik Hein
I do not agree with some of these rights. I believe the word illegal means unlawful, illegitimate. We need changes for refugee vetting and better border security by building a wall on the border. Ridding our country of illegal criminals, gang members must be a priority. DACA is a completely different situation. They are law abiding , working students. Let's vet them and provide them with cards. And create laws to ensure nothing like this happens again.
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SSG Edward Tilton
Any time you say we need changes, you are saying amend the Constitution and the border is no worse than usual.
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CWO2 James Mathews
I believe that in regard to illegal immigrants, the term "illegal," certainly engages the 14th Amendment. If you will look up the term illegal in a dictionary, that meaning translates to ,"breaking the law" therefore that personaonage should be pursued, charged , and punished accordng to the existing laws of the US, just as if you had robbed a bank, or kidnapped another person!! The individual is an illegal, he or she has broken the law! What more needs to be said Captain??!!
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Good Question,
The answer would be No but with several caveats*. One of which which is US citizens do not have the Constitution Right to violate one Federal Law and then have one Political Party go insane over your protection or enforcement of law. I'd like to see that question posted: Which US law can American Citizens violate and get a complete pass from lawmakers? I also think a few Northern Explorers have received monetary compensation by elected officers due to a law enforcement member enforcing the law against them.
The U.S. Supreme Court ruled in Zadvydas vs. Davis (2001) that "once an alien enters the country, the legal circumstance changes, for the due process clause applies to all persons within the United States."
In a Texas case, Plyler vs. Doe, the U.S. Supreme Court ruled in 1982 that non-citizen children must get a free K-12 education.
Plus, undocumented Democrats can also vote in various cities and in California and Florida. Also, look up your local hospital and the cost of providing emergency room services that get picked up by you, the homeowner in higher property taxes.
The answer would be No but with several caveats*. One of which which is US citizens do not have the Constitution Right to violate one Federal Law and then have one Political Party go insane over your protection or enforcement of law. I'd like to see that question posted: Which US law can American Citizens violate and get a complete pass from lawmakers? I also think a few Northern Explorers have received monetary compensation by elected officers due to a law enforcement member enforcing the law against them.
The U.S. Supreme Court ruled in Zadvydas vs. Davis (2001) that "once an alien enters the country, the legal circumstance changes, for the due process clause applies to all persons within the United States."
In a Texas case, Plyler vs. Doe, the U.S. Supreme Court ruled in 1982 that non-citizen children must get a free K-12 education.
Plus, undocumented Democrats can also vote in various cities and in California and Florida. Also, look up your local hospital and the cost of providing emergency room services that get picked up by you, the homeowner in higher property taxes.
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CWO2 James Mathews
My thanks for that information LTC Martin. I agree with you completely that the answer should be a great big "NO." However, as you have pointed out, it would appear that the Supreme Court has aligned itself with the Dems on a long term basis. These laws should definately be changed to require a citizenship certification of the parents in order to auhorize such privaledges!
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Do they? In some places yes, they are allowed rights. Even to vote. Should they? No.
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No. "The People" as in the citizens of the United States of America and it's Territories.
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Why cant everyone understand the word illegal? The constitution is for Americans. I wonder if any other countries constitution was written with Americans in mind?
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Neither legal OR illegal aliens have the identical rights that the Constitution gives to Citizens but they have “protections” assured by the Constitution as visitors to this country. For example, if they are robbed or murdered, there is an investigation and legal process available to aliens. Breaking of laws makes the illegal alien subject to apprehension and deportation and makes the “legal” alien subject to apprehension, prosecution, and loss of legal status with eventual deportation. No alien should be allowed to enter or stay in the country as predatory parasites and exploiters, lawbreakers, or economic “blood suckers” - “gamers”, “scammers”, and the like. It’s OUR Country- not theirs. They shouldn’t have the priveledge to vote or have cities to have sanctuary in when they break the law. An illegal alien who is allowed to vote when they know nothing about the country, it’s history, ideals, etc. will only vote for who is giving/promising them the most in benefits, “freebies” - which happens to be the Liberals, who are scamming the system in their OWN way. If “legal” aliens wish to vote, they need only complete the process of becoming citizens. Why do we have voting age requirements for our own children who are citizens? Because they can be exploited, similar to the illegal alien.
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I have to ask myself this. Are our rights granted by the constitution or are our rights granted to us by god/just being human? I believe in the later. The constitution helps protect our rights but does not grant us them.
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