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Since when are illegal immigrants protected under the US Constitution
Posted on 4/22/25 at 11:24 am
Posted on 4/22/25 at 11:24 am
Did I miss something or am I big time mistaken?
28
Posted on 4/22/25 at 11:27 am to RoosterCogburn585
@sfp @displaced
Posted on 4/22/25 at 11:27 am to RoosterCogburn585
Since Trump said they weren't
Posted on 4/22/25 at 11:30 am to The Torch
It's a theoretical application, where no actual text says non-citizens are granted rights. They can moan all they fricking want about due process, and freedom of speech but again there is no where to cite these rights are afforded to non citizens.
Posted on 4/22/25 at 11:30 am to RoosterCogburn585
quote:
Since when are illegal immigrants protected under the US Constitution
Since they largely vote Democrat, so Democrats are making shite up and going to the mat for them.
Posted on 4/22/25 at 11:32 am to RoosterCogburn585
Since they misapplied the slavery amendments to a situation that has absolutely nothing to do with it
Posted on 4/22/25 at 11:32 am to ninthward
I can see due process for imprisonment being pretty deep, but their due process for deportation should be quite simple. You're either a citizen or you aren't, and if you're more than a country or two away your asylum claims are worthless because you could have stopped fleeing whatever it is you were fleeing before you got here.
Posted on 4/22/25 at 11:37 am to RoosterCogburn585
Illegals are foreign invaders…they have no constitutional rights (as legal U.S. citizens do)
Posted on 4/22/25 at 11:39 am to RoosterCogburn585
It’s the equivalent of saying the entire world is granted US constitutional rights.
Democrats want to blur these lines because they want these illegals voting.
Democrats want to blur these lines because they want these illegals voting.
Posted on 4/22/25 at 11:40 am to RoosterCogburn585
How many of the 5 million deportations under Obama or the 10 million deportations under Clinton received 'due process' in the way that Dems are telling Trump he has to?
Posted on 4/22/25 at 11:41 am to RoosterCogburn585
quote:
Did I miss something or am I big time mistaken?
Both
Posted on 4/22/25 at 11:41 am to HubbaBubba
quote:
How many of the 5 million deportations under Obama or the 10 million deportations under Clinton received 'due process' in the way that Dems are telling Trump he has to?
All of them.
Posted on 4/22/25 at 11:43 am to RoosterCogburn585
Do you mean, since when do illegal immigrants have some/limited rights?
Because that's been around awhile (SCOTUS precedent anyway).
Because that's been around awhile (SCOTUS precedent anyway).
This post was edited on 4/22/25 at 11:44 am
Posted on 4/22/25 at 11:44 am to RoosterCogburn585
quote:
Since when are illegal immigrants protected under the US Constitution
Since forever?
Read Plyer v. Doe (1982) for probably the last time this was analyzed in depth by the Supreme Court.
quote:
The Fourteenth Amendment provides that
"[n]o 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."
(Emphasis added.) Appellants argue at the outset that undocumented aliens, because of their immigration status, are not "persons within the jurisdiction" of the State of Texas, and that they therefore have no right to the equal protection of Texas law. We reject this argument. Whatever his status under the immigration laws, an alien is surely a "person" in any ordinary sense of that term. Aliens, even aliens whose presence in this country is unlawful, have long been recognized as "persons" guaranteed due process of law by the Fifth and Fourteenth Amendments. Shaughnessv v. Mezei, 345 U. S. 206, 345 U. S. 212 (1953); Wong Wing v. United States, 163 U. S. 228, 163 U. S. 238 (1896); Yick Wo v. Hopkins, 118 U. S. 356, 118 U. S. 369 (1886). Indeed, we have clearly held that the Fifth Amendment protects aliens whose presence in this country is unlawful from invidious discrimination by the Federal Government. Mathews v. Diaz, 426 U. S. 67, 426 U. S. 77 (1976). [Footnote 9]
It's citing cases as far back as 1886. That case is Yick Wo v. Hopkins
quote:
The Fourteenth Amendment to the Constitution is not confined to the protection of citizens. It says:
"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."
These provisions are universal in their application to all persons within the territorial jurisdiction, without regard to any differences of race, of color, or of nationality, and the equal protection of the laws is a pledge of the protection of equal laws. It is accordingly enacted by § 1977 of the Revised Statutes, that
"all persons within the jurisdiction of the United States shall have the same right in every State and Territory to make and enforce contracts, to sue, be parties, give evidence, and to the full and equal benefit of all laws and proceedings for the security of persons and property as is enjoyed by white citizens and shall be subject to like punishment, pains, penalties, taxes, licenses, and exactions of every kind, and to no other."
The questions we have to consider and decide in these cases, therefore, are to be treated as invoking the rights of every citizen of the United States equally with those of the strangers and aliens who now invoke the jurisdiction of the court.
Update: the court ruled that it did apply to non-citizens.
This is not a new concept.
Posted on 4/22/25 at 11:45 am to ninthward
quote:
It's a theoretical application, where no actual text says non-citizens are granted rights. T
Except the text of the Constitution and numerous Supreme Court cases (which are written down).
Posted on 4/22/25 at 11:45 am to ninthward
quote:
there is no where to cite these rights are afforded to non citizens.
If we are punishing people according to our laws, wouldn't all of our laws apply? If we say "you broke this law of our country" wouldn't we then have to grant them the protections that our laws provide, as well?
I'm not really advocating either way, but thinking about what actually makes sense.
Posted on 4/22/25 at 11:45 am to RoosterCogburn585
Since the 5th and 14th amendments exist. Justice Scolia gave his opinion on the 5th amendment.
"We turn now from the claim that the INS cannotdeprive respondents of their asserted liberty interest at all, to the "procedural due process" claim that the Service cannot do so on the basis of the procedures it provides. It is well established that the Fifth Amendment entitles aliens to due process of law in deportation proceedings. See The Japanese Immigrant Case, 189 U.S. 86, 100-101 (1903). To determine whether these alien juveniles have received it here, we must first review in some detail the procedures the INS has employed."
LINK
"We turn now from the claim that the INS cannotdeprive respondents of their asserted liberty interest at all, to the "procedural due process" claim that the Service cannot do so on the basis of the procedures it provides. It is well established that the Fifth Amendment entitles aliens to due process of law in deportation proceedings. See The Japanese Immigrant Case, 189 U.S. 86, 100-101 (1903). To determine whether these alien juveniles have received it here, we must first review in some detail the procedures the INS has employed."
LINK
Posted on 4/22/25 at 11:45 am to RoosterCogburn585
quote:
Did I miss something or am I big time mistaken?
The founders frick up and used the word "people" in the constitution instead of citizen.
Posted on 4/22/25 at 11:45 am to Deuces
quote:
the equivalent of saying the entire world is granted US constitutional rights.
You don’t understand the basics of our form of government. The Constitution is not an enumeration of all rights granted to all people. It is an organizational document that mostly prescribes limits on governmental power. One of those limitations is that government cannot deprive persons of life, liberty or property without affording due process. That is a limitation on the power of the government to act.
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