Do illegal immigrants have the same constitutional rights as US citizens? https://www.rallypoint.com/answers/do-illegal-immigrants-have-the-same-constitutional-rights-as-us-citizens <div class="images-v2-count-0"></div> Fri, 15 Sep 2017 14:48:48 -0400 Do illegal immigrants have the same constitutional rights as US citizens? https://www.rallypoint.com/answers/do-illegal-immigrants-have-the-same-constitutional-rights-as-us-citizens <div class="images-v2-count-0"></div> Sgt Wayne Wood Fri, 15 Sep 2017 14:48:48 -0400 2017-09-15T14:48:48-04:00 Response by LCDR Private RallyPoint Member made Sep 15 at 2017 2:50 PM https://www.rallypoint.com/answers/do-illegal-immigrants-have-the-same-constitutional-rights-as-us-citizens?n=2920442&urlhash=2920442 <div class="images-v2-count-0"></div>No the do not have the right to vote for instance. LCDR Private RallyPoint Member Fri, 15 Sep 2017 14:50:33 -0400 2017-09-15T14:50:33-04:00 Response by SSG(P) Private RallyPoint Member made Sep 15 at 2017 2:51 PM https://www.rallypoint.com/answers/do-illegal-immigrants-have-the-same-constitutional-rights-as-us-citizens?n=2920444&urlhash=2920444 <div class="images-v2-count-0"></div>No. &quot;The People&quot; as in the citizens of the United States of America and it&#39;s Territories. SSG(P) Private RallyPoint Member Fri, 15 Sep 2017 14:51:04 -0400 2017-09-15T14:51:04-04:00 Response by SGM Erik Marquez made Sep 15 at 2017 3:12 PM https://www.rallypoint.com/answers/do-illegal-immigrants-have-the-same-constitutional-rights-as-us-citizens?n=2920478&urlhash=2920478 <div class="images-v2-count-0"></div>Non-citizens don&#39;t share all the rights of citizens under the U.S. Constitution. <br />but most do apply.<br /><br />YICK WO V. HOPKINS (1886)<br />In Yick Wo v. Hopkins, a case involving the rights of Chinese immigrants, the Court ruled that the 14th Amendment&#39;s statement, &quot;Nor shall any State 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,&quot; applied to all persons &quot;without regard to any differences of race, of color, or of nationality,&quot; and to &quot;an alien, who has entered the country, and has become subject in all respects to its jurisdiction, and a part of its population, although alleged to be illegally here.&quot; (Kaoru Yamataya v. Fisher, 189 U.S. 86 (1903) )<br /><br /><br />U.S. v. Wong Kim Ark, an 1898 decision, the Supreme Court ruled that the term “person” under the Fifth Amendment applied to aliens living in the U.S. In Fong Yue Ting v. U.S.,the court held that Chinese laborers, “like all other aliens residing in the United States,” are entitled to protection of the laws.<br /><br />The Supreme court ruled in Almeida-Sanchez v. United States (1973) that all criminal charge-related elements of the Constitution&#39;s amendments (the First, Fourth, Fifth, Sixth and the 14th) such as search and seizure, self-incrimination, trial by jury and due process, protect non-citizens, legally or illegally present.<br /><br />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.<br /><br />U.S. Supreme Court ruled in Zadvydas v. Davis (2001) that &quot;due process&quot; of the 14th Amendment applies to all aliens in the United States whose presence maybe or is &quot;unlawful, involuntary or transitory.<br /><br /><br />Illegal immigrants don’t share all of the rights held by citizens -- in example, they can’t vote in state and national elections. (legally)<br /><br />And that all said, what must always be remembered is, that same Almeida-Sanchez v. United States (1973) decision means those Illegal immigrants should be detained, charged, tried, convicted and deported because they are breaking the law....first and foremost. SGM Erik Marquez Fri, 15 Sep 2017 15:12:21 -0400 2017-09-15T15:12:21-04:00 Response by MAJ James Woods made Sep 15 at 2017 3:12 PM https://www.rallypoint.com/answers/do-illegal-immigrants-have-the-same-constitutional-rights-as-us-citizens?n=2920480&urlhash=2920480 <div class="images-v2-count-0"></div>No illegals do not have the same constitutional rights and legal immigrants and permanent residents do not have the same constitutional rights as US citizens. They have limited and reduced rights that varies. MAJ James Woods Fri, 15 Sep 2017 15:12:45 -0400 2017-09-15T15:12:45-04:00 Response by CPO Private RallyPoint Member made Sep 15 at 2017 3:13 PM https://www.rallypoint.com/answers/do-illegal-immigrants-have-the-same-constitutional-rights-as-us-citizens?n=2920483&urlhash=2920483 <div class="images-v2-count-0"></div>This is the crux of the issue. The Left scream and demand they be given the same rights as all Americans. but they Are not Americans, or under our umbrella of protection as legal guests. <br />I do not see that they have ANY rights, not the right to remain silent, not the Miranda rights, not the right to council, or the right to even have a voice. I have no issue with them voicing their opinions... just do it from your home country. Why is it we are the only nation that is expected to not control immigration? Mexico will put you in prison and then deport you for entering it illegally, they have a wall on their southern border.... There is a wall around the Vatican, there is a wall around china, their are borders for a reason and legal ways to cross them. <br /><br />All the above being said we still need immigration reform, and we need a path forward for the &quot;dreamers&quot; as they are called. People should not be punished for what their parents did. CPO Private RallyPoint Member Fri, 15 Sep 2017 15:13:45 -0400 2017-09-15T15:13:45-04:00 Response by SFC Jerry Humphries made Sep 15 at 2017 3:13 PM https://www.rallypoint.com/answers/do-illegal-immigrants-have-the-same-constitutional-rights-as-us-citizens?n=2920484&urlhash=2920484 <div class="images-v2-count-0"></div>Hell, I thought they had more rights. SFC Jerry Humphries Fri, 15 Sep 2017 15:13:46 -0400 2017-09-15T15:13:46-04:00 Response by CWO3 Private RallyPoint Member made Sep 15 at 2017 3:13 PM https://www.rallypoint.com/answers/do-illegal-immigrants-have-the-same-constitutional-rights-as-us-citizens?n=2920486&urlhash=2920486 <div class="images-v2-count-0"></div>Lawyers may disagree. Morally, they should get a fair deal. Legally, I don&#39;t think so. If we consider they have been breaking the law by being here, that should count for something. For how long, and for what reasons matter, but it still says that they are willing to violate the law and doesn&#39;t place them in a position of strength. Someone can quote case law but I&#39;m just offering my opinion. If you want a fair deal then act responsibly and become legal. If you don&#39;t and when caught beg for immunity, go back to step one. Get legal and you&#39;ll have the protection. <br /><br />Edit 9/16/17: Get legal and you won&#39;t have to sweat deportation. In the meanwhile you have the same Constitutional rights as a citizen, with minor exceptions such as voting. CWO3 Private RallyPoint Member Fri, 15 Sep 2017 15:13:53 -0400 2017-09-15T15:13:53-04:00 Response by SSG Diane R. made Sep 15 at 2017 3:14 PM https://www.rallypoint.com/answers/do-illegal-immigrants-have-the-same-constitutional-rights-as-us-citizens?n=2920489&urlhash=2920489 <div class="images-v2-count-0"></div>No! SSG Diane R. Fri, 15 Sep 2017 15:14:07 -0400 2017-09-15T15:14:07-04:00 Response by Sgt Private RallyPoint Member made Sep 15 at 2017 3:36 PM https://www.rallypoint.com/answers/do-illegal-immigrants-have-the-same-constitutional-rights-as-us-citizens?n=2920545&urlhash=2920545 <div class="images-v2-count-0"></div><a class="dark-link bold-link" role="profile-hover" data-qtip-container="body" data-id="830033" data-source-page-controller="question_response_contents" href="/profiles/830033-cpl-wayne-wood">Sgt Wayne Wood</a> Illegal aliens should not have the same rights as US citizens, although, in some cases, they have more. Sgt Private RallyPoint Member Fri, 15 Sep 2017 15:36:38 -0400 2017-09-15T15:36:38-04:00 Response by Capt Seid Waddell made Sep 15 at 2017 3:47 PM https://www.rallypoint.com/answers/do-illegal-immigrants-have-the-same-constitutional-rights-as-us-citizens?n=2920566&urlhash=2920566 <div class="images-v2-count-0"></div>No. Capt Seid Waddell Fri, 15 Sep 2017 15:47:09 -0400 2017-09-15T15:47:09-04:00 Response by SPC Casey Ashfield made Sep 15 at 2017 4:01 PM https://www.rallypoint.com/answers/do-illegal-immigrants-have-the-same-constitutional-rights-as-us-citizens?n=2920599&urlhash=2920599 <div class="images-v2-count-0"></div>Do they? In some places yes, they are allowed rights. Even to vote. Should they? No. SPC Casey Ashfield Fri, 15 Sep 2017 16:01:43 -0400 2017-09-15T16:01:43-04:00 Response by SGT David A. 'Cowboy' Groth made Sep 15 at 2017 4:09 PM https://www.rallypoint.com/answers/do-illegal-immigrants-have-the-same-constitutional-rights-as-us-citizens?n=2920622&urlhash=2920622 <div class="images-v2-count-0"></div>No. SGT David A. 'Cowboy' Groth Fri, 15 Sep 2017 16:09:54 -0400 2017-09-15T16:09:54-04:00 Response by LTC Private RallyPoint Member made Sep 15 at 2017 4:17 PM https://www.rallypoint.com/answers/do-illegal-immigrants-have-the-same-constitutional-rights-as-us-citizens?n=2920634&urlhash=2920634 <div class="images-v2-count-0"></div>Good Question, <br />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&#39;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. <br /><br />The U.S. Supreme Court ruled in Zadvydas vs. Davis (2001) that &quot;once an alien enters the country, the legal circumstance changes, for the due process clause applies to all persons within the United States.&quot;<br /><br />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.<br /><br />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. LTC Private RallyPoint Member Fri, 15 Sep 2017 16:17:54 -0400 2017-09-15T16:17:54-04:00 Response by SFC Private RallyPoint Member made Sep 15 at 2017 4:20 PM https://www.rallypoint.com/answers/do-illegal-immigrants-have-the-same-constitutional-rights-as-us-citizens?n=2920638&urlhash=2920638 <div class="images-v2-count-0"></div>No. But we know if they are allowed to stay, eventually people will make a case for them to be citizens and have rights. SFC Private RallyPoint Member Fri, 15 Sep 2017 16:20:09 -0400 2017-09-15T16:20:09-04:00 Response by 1stSgt Nelson Kerr made Sep 15 at 2017 4:28 PM https://www.rallypoint.com/answers/do-illegal-immigrants-have-the-same-constitutional-rights-as-us-citizens?n=2920666&urlhash=2920666 <div class="images-v2-count-0"></div>Since the Constitution and the Bill of rights apply to restrictions on the actions the US governments and its agent. It applies when either groups acts. <br /><br />Almost all the bill of rights a is composed of restriction on government actions and I have never found the &quot;except for non-citizen&quot; wording that so many think exists.<br /><br /> No matter whom it acts on, where the Constitution applies, it applies to all. 1stSgt Nelson Kerr Fri, 15 Sep 2017 16:28:29 -0400 2017-09-15T16:28:29-04:00 Response by Cpl Mark A. Morris made Sep 15 at 2017 4:59 PM https://www.rallypoint.com/answers/do-illegal-immigrants-have-the-same-constitutional-rights-as-us-citizens?n=2920745&urlhash=2920745 <div class="images-v2-count-0"></div>Under our Constitution and Bill of Rights they are afford almost all protections under the law as anyone posting here. The exceptions are voting, government jobs and I think firearm sales. That&#39;s off the top of my head.<br />The problem with creating a State within a State is it becomes a political football. Most illegal aliens just want to work and take care if their families. But, they are pawns in a much greater agenda of open borders and a larger central government. Cpl Mark A. Morris Fri, 15 Sep 2017 16:59:03 -0400 2017-09-15T16:59:03-04:00 Response by COL Korey Jackson made Sep 15 at 2017 5:48 PM https://www.rallypoint.com/answers/do-illegal-immigrants-have-the-same-constitutional-rights-as-us-citizens?n=2920852&urlhash=2920852 <div class="images-v2-count-0"></div>All persons in the US generally enjoy the same protections of the Constitution.<br /><br />Similarly, all persons in the US are obligated to observe and comply with local, state, and federal laws and regulations.<br /><br />I ask a follow-on question: What Constitutional Rights do legal permanent residents (green card holders) have, or not have, in America? <br /><br />Constitutional Rights are commonly considered to include: writ of habeas corpus, no bill of attainder, no duties or taxes on transporting goods from one state to another, (Article 1, Section 9), jury trials (Article III, Section 1), freedom of religion, speech, press (which includes all media), assembly and petition (First Amendment), state militia to bear arms (Second Amendment), no quartering of troops in homes (Third Amendment), no unreasonable search and seizure (Fourth Amendment), major (&quot;capital and infamous&quot;) crimes require indictment, no double jeopardy (more than one prosecution) for the same crime, no self-incrimination, right to due process, right to just compensation for property taken by eminent domain (Fifth Amendment); in criminal law, right to a speedy trial, to confront witnesses against one, and to counsel (Sixth Amendment), trial by jury (Seventh amendment), right to bail, no excessive fines, and no cruel and unusual punishments (Eighth amendment), unenumerated rights are reserved to the people (Ninth amendment), equal protection of the laws (14th amendment), no racial bars to voting (15th amendment), no sex bar to voting (19th amendment), and no poll tax (24th amendment).<br /><br />For those that point out that non-citizen US residents, both legal and unauthorized, do not (nor should not) have the right to vote in federal, state, or most local elections: note that American citizens under 18 generally do not have the right to vote, either. Neither do, with a few exceptions, depending on state and locality, some of those convicted of a felony and incarcerated. COL Korey Jackson Fri, 15 Sep 2017 17:48:56 -0400 2017-09-15T17:48:56-04:00 Response by Capt Gregory Prickett made Sep 15 at 2017 5:58 PM https://www.rallypoint.com/answers/do-illegal-immigrants-have-the-same-constitutional-rights-as-us-citizens?n=2920866&urlhash=2920866 <div class="images-v2-count-0"></div>And this is why our educational system is failing us. At the time I&#39;m writing this comment, there are very few correct answers in this thread, that of <a class="dark-link bold-link" role="profile-hover" data-qtip-container="body" data-id="355380" data-source-page-controller="question_response_contents" href="/profiles/355380-1stsgt-nelson-kerr">1stSgt Nelson Kerr</a> and of <a class="dark-link bold-link" role="profile-hover" data-qtip-container="body" data-id="365577" data-source-page-controller="question_response_contents" href="/profiles/365577-sgm-erik-marquez">SGM Erik Marquez</a> being the best. Almost everyone else is just wrong.<br /><br />The Fourteenth Amendment is very clear. It states &quot;[N]or shall any State 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.&quot;<br /><br />It doesn&#39;t say &quot;any citizen&quot; or &quot;people legally in the United States,&quot; it says any &quot;person.&quot; And it knows the difference between the word &quot;person&quot; and &quot;citizen&quot; because it used both in that same section. As SGM Marquez noted, except for voting, anyone in the United States has Constitutional rights. These rights are not contingent on citizenship, are not contingent on their legal or illegal immigration status, are not contingent on anything but the fact that they are a person within the United States.<br /><br />So only 20%, 2 out of every 10 people here, know that every person within the U.S. has Constitutional rights. These are all people who swore to uphold the Constitution, and they don&#39;t even know what it says. How does that work? Capt Gregory Prickett Fri, 15 Sep 2017 17:58:34 -0400 2017-09-15T17:58:34-04:00 Response by LTC Stephen F. made Sep 15 at 2017 6:31 PM https://www.rallypoint.com/answers/do-illegal-immigrants-have-the-same-constitutional-rights-as-us-citizens?n=2920974&urlhash=2920974 <div class="images-v2-count-0"></div>No. they do not <a class="dark-link bold-link" role="profile-hover" data-qtip-container="body" data-id="830033" data-source-page-controller="question_response_contents" href="/profiles/830033-cpl-wayne-wood">Sgt Wayne Wood</a>. Constitutional rights numbered in the Constitution and Amendments apply to citizens only. The laws of this nation apply to citizens and non-citizens except those with diplomatic immunity. LTC Stephen F. Fri, 15 Sep 2017 18:31:35 -0400 2017-09-15T18:31:35-04:00 Response by SSG Robert Webster made Sep 15 at 2017 6:48 PM https://www.rallypoint.com/answers/do-illegal-immigrants-have-the-same-constitutional-rights-as-us-citizens?n=2921041&urlhash=2921041 <div class="images-v2-count-0"></div>Simple answer - NO.<br />Complicated answer - Some rights, but not all, therefore the answer is still NO.<br /><br />The KEY word is SAME. For those of you that are linguistically challenged - <br />Definition of same<br />1 a :resembling in every relevant respect <br />b :conforming in every respect —used with as <br />2 a :being one without addition, change, or discontinuance :identical <br />b :being the one under discussion or already referred to <br />3 :corresponding so closely as to be indistinguishable <br />4 :equal in size, shape, value, or importance —usually used with the or a demonstrative (such as that, those) in all senses SSG Robert Webster Fri, 15 Sep 2017 18:48:49 -0400 2017-09-15T18:48:49-04:00 Response by Maj John Bell made Sep 15 at 2017 7:04 PM https://www.rallypoint.com/answers/do-illegal-immigrants-have-the-same-constitutional-rights-as-us-citizens?n=2921082&urlhash=2921082 <div class="images-v2-count-0"></div>US Constitution -14th Amendment - Section 1<br /><br />All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of CITIZENS [emphasis mine]of the United States; nor shall any State deprive ANY PERSON [emphasis mine] of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.<br /><br />The use of &quot;citizen&quot; in one sentence and &quot;any person&quot; in the other was in my opinion, intentional and with specific purpose. Maj John Bell Fri, 15 Sep 2017 19:04:14 -0400 2017-09-15T19:04:14-04:00 Response by MCPO Roger Collins made Sep 15 at 2017 7:06 PM https://www.rallypoint.com/answers/do-illegal-immigrants-have-the-same-constitutional-rights-as-us-citizens?n=2921094&urlhash=2921094 <div class="images-v2-count-0"></div><a target="_blank" href="https://scholarship.law.georgetown.edu/cgi/viewcontent.cgi?article=1302&amp;context=facpub">https://scholarship.law.georgetown.edu/cgi/viewcontent.cgi?article=1302&amp;context=facpub</a> <div class="pta-link-card answers-template-image type-default"> <div class="pta-link-card-picture"> </div> <div class="pta-link-card-content"> <p class="pta-link-card-title"> <a target="blank" href="https://scholarship.law.georgetown.edu/cgi/viewcontent.cgi?article=1302&amp;context=facpub">viewcontent.cgi</a> </p> <p class="pta-link-card-description"></p> </div> <div class="clearfix"></div> </div> MCPO Roger Collins Fri, 15 Sep 2017 19:06:51 -0400 2017-09-15T19:06:51-04:00 Response by SSG(P) Erik Hein made Sep 15 at 2017 7:59 PM https://www.rallypoint.com/answers/do-illegal-immigrants-have-the-same-constitutional-rights-as-us-citizens?n=2921193&urlhash=2921193 <div class="images-v2-count-0"></div>Constitutional Rights<br /><br />Even if you&#39;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, &quot;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.&quot;<br /><br />An undocumented immigrant is definitely a &quot;person.&quot; 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.<br /><br />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.<br /><br />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.<br /><br />Defense Against Removal<br /><br />You have the right to defend yourself against deportation or removal from the United States. If immigration officials discover that you&#39;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&#39;ve returned to the U.S. after a previous order of deportation). The U.S. government can&#39;t, in most cases, simply send you home without a hearing.<br /><br />You also have the right to representation in immigration court by an attorney, but the U.S. government doesn&#39;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. SSG(P) Erik Hein Fri, 15 Sep 2017 19:59:27 -0400 2017-09-15T19:59:27-04:00 Response by SGM Mikel Dawson made Sep 15 at 2017 8:04 PM https://www.rallypoint.com/answers/do-illegal-immigrants-have-the-same-constitutional-rights-as-us-citizens?n=2921208&urlhash=2921208 <div class="images-v2-count-0"></div>As far as I am concerned the only right they have is the right for deportation. SGM Mikel Dawson Fri, 15 Sep 2017 20:04:35 -0400 2017-09-15T20:04:35-04:00 Response by SSgt Private RallyPoint Member made Sep 15 at 2017 9:59 PM https://www.rallypoint.com/answers/do-illegal-immigrants-have-the-same-constitutional-rights-as-us-citizens?n=2921381&urlhash=2921381 <div class="images-v2-count-0"></div>While many people point to the 14th Amendment and pull sections out to support their claim, I don&#39;t believe the 14th Amendment covers those who are not citizens.<br /><br />---------------------------------------------------<br />Amendment XIV<br /><br />Section 1.<br /><br />All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. 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 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.<br /><br />Section 2.<br /><br />Representatives shall be apportioned among the several states according to their respective numbers, counting the whole number of persons in each state, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the executive and judicial officers of a state, or the members of the legislature thereof, is denied to any of the male inhabitants of such state, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such state.<br /><br />Section 3.<br /><br />No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any state, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any state legislature, or as an executive or judicial officer of any state, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.<br /><br />Section 4.<br /><br />The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any state shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.<br /><br />Section 5.<br /><br />The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.<br />-------------------------------------<br /><br />If we look at the first section, person(s) is defined as &quot;born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside&quot;. Now, the argument goes, that further in Article 1 is this statement: &quot;nor shall any state 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.&quot; And yes, we have settled case law that interpreted that to mean non-citizens. However, I disagree with that case law. <br /><br />First, the definition of a semi-colon: &quot;The main task of the semicolon is to mark a break that is stronger than a comma but not as final as a full stop. It’s used between two main clauses that balance each other and are too closely linked to be made into separate sentences...&quot;. (ref: <a target="_blank" href="https://en.oxforddictionaries.com/punctuation/semicolon">https://en.oxforddictionaries.com/punctuation/semicolon</a>). If we look at the full 2nd sentence of section 1 it states: &quot;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 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.&quot; <br /><br />What I see is a State&#39;s Rights over any *CITIZEN* living within its bounds and the restrictions to said State in what it can, and cannot do. Nowhere, in simple English, does the 14th Amendment extend rights to non-citizens.<br /><br />I believe we have had too many judges, lawyers and juries that solidified case law because of emotion rather than the strict, and quite simple, wording of our highest Laws.<br /><br />Let the debate begin! <div class="pta-link-card answers-template-image type-default"> <div class="pta-link-card-picture"> </div> <div class="pta-link-card-content"> <p class="pta-link-card-title"> <a target="blank" href="https://en.oxforddictionaries.com/punctuation/semicolon).">semicolon).</a> </p> <p class="pta-link-card-description"></p> </div> <div class="clearfix"></div> </div> SSgt Private RallyPoint Member Fri, 15 Sep 2017 21:59:30 -0400 2017-09-15T21:59:30-04:00 Response by SSG William Bowen made Sep 15 at 2017 11:00 PM https://www.rallypoint.com/answers/do-illegal-immigrants-have-the-same-constitutional-rights-as-us-citizens?n=2921494&urlhash=2921494 <div class="images-v2-count-0"></div>My opinion would be no, but realistically how it is being applied is they do have the same rights. SSG William Bowen Fri, 15 Sep 2017 23:00:14 -0400 2017-09-15T23:00:14-04:00 Response by MAJ Private RallyPoint Member made Sep 16 at 2017 12:42 AM https://www.rallypoint.com/answers/do-illegal-immigrants-have-the-same-constitutional-rights-as-us-citizens?n=2921611&urlhash=2921611 <div class="images-v2-count-0"></div>Yes they get the same rights, but their status is unequal. They constitutionally can&#39;t vote unless they are citizens. But they do get a fair and a swift deportation for felony level violations. MAJ Private RallyPoint Member Sat, 16 Sep 2017 00:42:00 -0400 2017-09-16T00:42:00-04:00 Response by CAPT Kevin B. made Sep 16 at 2017 1:02 AM https://www.rallypoint.com/answers/do-illegal-immigrants-have-the-same-constitutional-rights-as-us-citizens?n=2921626&urlhash=2921626 <div class="images-v2-count-0"></div>Believe the correct answer is yes for most things and no for others although over time the courts and particularly liberal governed states have granted more stuff. Used to be you had to be a citizen and resident of a state to get a drivers license. In general, the courts have held the Constitution applies to any person within our borders. The rulings were related to a specific aspect of the Constitution so I don&#39;t know if it&#39;s a blanket thing. I was thinking about a related topic and that&#39;s the privilege (not a right) to vote. It isn&#39;t a Constitutional right. The relevant Amendments merely state certain classes of people cannot be denied if otherwise qualified. The States determine voting criteria, usually just age, residency, and citizenship. That&#39;s changing as you see recent actions by some states to grant voting privileges to non citizens. Stay tuned for agitation over that one. CAPT Kevin B. Sat, 16 Sep 2017 01:02:14 -0400 2017-09-16T01:02:14-04:00 Response by LTC Private RallyPoint Member made Sep 16 at 2017 5:09 AM https://www.rallypoint.com/answers/do-illegal-immigrants-have-the-same-constitutional-rights-as-us-citizens?n=2921815&urlhash=2921815 <div class="images-v2-count-0"></div>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&#39;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&#39;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&#39;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&#39;s not a racism thing it&#39;s a legal thing. Try to sneak into their countries and see what happens if you are caught? I&#39;m sure it&#39;s not any nicer but liberals don&#39;t want you to think that. LTC Private RallyPoint Member Sat, 16 Sep 2017 05:09:45 -0400 2017-09-16T05:09:45-04:00 Response by CWO2 James Mathews made Sep 16 at 2017 2:07 PM https://www.rallypoint.com/answers/do-illegal-immigrants-have-the-same-constitutional-rights-as-us-citizens?n=2922549&urlhash=2922549 <div class="images-v2-count-0"></div>In my humble vew, the term &quot;illegal&quot; says it all!! If anyone is in the US illegally, he or she should be pusued, identified and remved from the US! Our Immigration laws should be strengthened periodically to adjust to the varying conditions of the world, and our military should be utilized as necessary to back up the laws regarding immigration. Those who are here because they were born here, from an illegal parent. should be returned to their native country. While it is true, that the children had no responsibility for this situation, the remaining fact that it was the parent who is an illegal, and that alone is all that is needed to be considered! We cannot select which of our laws to utilize and which of those not to utilize. We have a Congress to keep the present law structure strong, reasonable, and safe for those who are legal citizens of the US. One small comment about sympathy for illegals; Yes, they work hard, Yes, they for the most part are quiet, peaceful people, Yes they come from areas where it is difficult to live! However, the fact remains that they are ILLEGALS abd must be removed, in avvordance with the laws of the United States!!!! Any political negative response to these laws should result in the politition being removed from office, and charged with treason! Politics has no place in the process of immigration!! CWO2 James Mathews Sat, 16 Sep 2017 14:07:17 -0400 2017-09-16T14:07:17-04:00 Response by SSG Steven Mangus made Sep 16 at 2017 2:41 PM https://www.rallypoint.com/answers/do-illegal-immigrants-have-the-same-constitutional-rights-as-us-citizens?n=2922609&urlhash=2922609 <div class="images-v2-count-0"></div>No..enough said.... SSG Steven Mangus Sat, 16 Sep 2017 14:41:26 -0400 2017-09-16T14:41:26-04:00 Response by Lt Col Jim Coe made Sep 17 at 2017 9:55 AM https://www.rallypoint.com/answers/do-illegal-immigrants-have-the-same-constitutional-rights-as-us-citizens?n=2924357&urlhash=2924357 <div class="images-v2-count-0"></div>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. Lt Col Jim Coe Sun, 17 Sep 2017 09:55:54 -0400 2017-09-17T09:55:54-04:00 Response by SFC Private RallyPoint Member made Sep 17 at 2017 10:30 AM https://www.rallypoint.com/answers/do-illegal-immigrants-have-the-same-constitutional-rights-as-us-citizens?n=2924456&urlhash=2924456 <div class="images-v2-count-0"></div>I think when it comes to immigration people react from emotion not a place of knowledge. Here is my $0.02 as a first generation immigrant: 1. the United States has one of the strictest immigration policies in the world. 2. Apart from people from the Americas, most people you consider illegals are international students, people with work permits,, tourists/visitors, and asylum seekers. 3. Most people come to the US legally through a vigorous immigration process that takes years i.e. background investigation, DNA analysis of parents and children, laboratory test for every disease known to man, numerous immunizations, and the fees are not cheap. You pay for everything. Finger prints are taken before the visa is approved. You have to travel within 6 months of receiving a visa. When you arrive in the US, you a permanent resident card(green card) which has to been renewed every 10 years if you choose not to become a citizen. You qualify for citizenship 5 years after you arrive if you do not commit a felony. That is also a lengthy process. There are also what we call &quot;fiancé visas. I will get into that later. Hope I have helped a little. SFC Private RallyPoint Member Sun, 17 Sep 2017 10:30:43 -0400 2017-09-17T10:30:43-04:00 Response by SSG Edward Tilton made Sep 17 at 2017 10:59 AM https://www.rallypoint.com/answers/do-illegal-immigrants-have-the-same-constitutional-rights-as-us-citizens?n=2924502&urlhash=2924502 <div class="images-v2-count-0"></div>SHERIFF JOE, was convicted of Contempt when he defied a Court Order to respect the Constitutional Rights of non citizens. He may have been pardoned but he was still convicted SSG Edward Tilton Sun, 17 Sep 2017 10:59:47 -0400 2017-09-17T10:59:47-04:00 Response by AA Joseph Moody made Sep 17 at 2017 8:20 PM https://www.rallypoint.com/answers/do-illegal-immigrants-have-the-same-constitutional-rights-as-us-citizens?n=2925618&urlhash=2925618 <div class="images-v2-count-0"></div>Something to keep in mind is that many illegal immigrants do in fact have a social security number, just the only problem with theirs is it use to belong to someone else. Something all of us may want to keep in mind with the recent equifax hack.<br /><br />Which leads to something to consider, and that is how few people blinked when this man admits that his family is here in the states with fraudulent papers...So with that thought in mind I find myself looking at our illegal immigration problem and half of the population of this country having their identity info hacked and I find it harder and harder to not assume a motive and connection between those two events when I consider how much support that california state senate leader has when he admits that his family is here in this country fraudulently. <br /><br /><a target="_blank" href="https://youtu.be/x9CAkFUgbd0?t=23">https://youtu.be/x9CAkFUgbd0?t=23</a> <div class="pta-link-card answers-template-image type-youtube"> <div class="pta-link-card-video"> <iframe src="https://www.youtube.com/embed/x9CAkFUgbd0?start=23&amp;wmode=transparent" frameborder="0" allowfullscreen></iframe> </div> <div class="pta-link-card-content"> <p class="pta-link-card-title"> <a target="blank" href="https://youtu.be/x9CAkFUgbd0?t=23">California State Senate Leader ‘Half My Family’ Here Illegally</a> </p> <p class="pta-link-card-description">In testimony provided before the California Senate&#39;s Public Safety Committee, Senate President Pro Tem Kevin De Leon (D-Los Angeles) decided to admit that &quot;h...</p> </div> <div class="clearfix"></div> </div> AA Joseph Moody Sun, 17 Sep 2017 20:20:16 -0400 2017-09-17T20:20:16-04:00 Response by Col Joseph Lenertz made Sep 18 at 2017 7:47 AM https://www.rallypoint.com/answers/do-illegal-immigrants-have-the-same-constitutional-rights-as-us-citizens?n=2926401&urlhash=2926401 <div class="images-v2-count-0"></div>Do they have the same responsibilities as US citizens? Col Joseph Lenertz Mon, 18 Sep 2017 07:47:19 -0400 2017-09-18T07:47:19-04:00 Response by SFC Private RallyPoint Member made Sep 18 at 2017 11:33 PM https://www.rallypoint.com/answers/do-illegal-immigrants-have-the-same-constitutional-rights-as-us-citizens?n=2928486&urlhash=2928486 <div class="images-v2-count-0"></div>Nope, there is no legal argument to defend that illegal immigrants have any rights in any country. Citizenship is a core concept in international relations, and there are many laws to prevent people from becoming &quot;stateless&quot;. That said, a country is entitled to establish the rules to make someone a citizen. It is also true that someone who falls outside of the legal definition of a citizen of a state can be denied certain basic human rights because of gaps in international law. SFC Private RallyPoint Member Mon, 18 Sep 2017 23:33:25 -0400 2017-09-18T23:33:25-04:00 Response by SSgt Private RallyPoint Member made Sep 19 at 2017 1:43 PM https://www.rallypoint.com/answers/do-illegal-immigrants-have-the-same-constitutional-rights-as-us-citizens?n=2930083&urlhash=2930083 <div class="images-v2-count-0"></div>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. SSgt Private RallyPoint Member Tue, 19 Sep 2017 13:43:20 -0400 2017-09-19T13:43:20-04:00 Response by 1SG Harold Piet made Sep 19 at 2017 4:29 PM https://www.rallypoint.com/answers/do-illegal-immigrants-have-the-same-constitutional-rights-as-us-citizens?n=2930512&urlhash=2930512 <div class="images-v2-count-0"></div>They should not, they are criminals on our soil. 1SG Harold Piet Tue, 19 Sep 2017 16:29:48 -0400 2017-09-19T16:29:48-04:00 Response by CW5 John M. made Feb 18 at 2018 12:02 AM https://www.rallypoint.com/answers/do-illegal-immigrants-have-the-same-constitutional-rights-as-us-citizens?n=3365205&urlhash=3365205 <div class="images-v2-count-0"></div>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. CW5 John M. Sun, 18 Feb 2018 00:02:54 -0500 2018-02-18T00:02:54-05:00 Response by MGySgt Jerry Suarez made Jul 2 at 2018 12:54 AM https://www.rallypoint.com/answers/do-illegal-immigrants-have-the-same-constitutional-rights-as-us-citizens?n=3759921&urlhash=3759921 <div class="images-v2-count-0"></div>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? MGySgt Jerry Suarez Mon, 02 Jul 2018 00:54:20 -0400 2018-07-02T00:54:20-04:00 2017-09-15T14:48:48-04:00