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re: Since when are illegal immigrants protected under the US Constitution

Posted on 4/22/25 at 11:46 am to
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
450106 posts
Posted on 4/22/25 at 11:46 am to
quote:

Justice Scolia gave his opinion on the 5th amendment.


What a liberal, leftist cuck. Just like Milton Friedman and Thomas Sowell.
Posted by Tigergreg
Metairie
Member since Feb 2005
20715 posts
Posted on 4/22/25 at 11:46 am to
So, your first act is to cross into the U.S. illegally, then we have to grant you rights for breaking our laws?
Posted by NC_Tigah
Make Orwell Fiction Again
Member since Sep 2003
130706 posts
Posted on 4/22/25 at 11:46 am to
quote:

Since when are illegal immigrants protected under the US Constitution
Well, they certainly are protected to some extent.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
450106 posts
Posted on 4/22/25 at 11:46 am to
quote:

The founders frick up and used the word "people" in the constitution instead of citizen.

That was intentional.
Posted by Deuces
The bottom
Member since Nov 2011
15009 posts
Posted on 4/22/25 at 11:46 am to
quote:

One of those limitations is that government cannot deprive persons of life, liberty or property without affording due process.


What about that Supremacy clause that says you must obey federal law and being here illegally is breaking a federal law?

Also, your argument is null and void because García was given due process. He appeared in court 17 times and was ordered deported.
This post was edited on 4/22/25 at 11:49 am
Posted by GamecockUltimate
Columbia,SC
Member since Feb 2019
8608 posts
Posted on 4/22/25 at 11:47 am to
quote:

Update: the court ruled that it did apply to non-citizens.

This is not a new concept.


add in Reno v Flores
Posted by 4cubbies
Member since Sep 2008
53705 posts
Posted on 4/22/25 at 11:47 am to
I had a class with an immigration attorney last night and she said that the US prosecutes undocumented people under administrative laws so that the govetnment doesn't have to adhere to the protections offered to people accused of crimes in our country.

Maybe I misunderstood but that's what I took away from her statement.
This post was edited on 4/22/25 at 11:48 am
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
450106 posts
Posted on 4/22/25 at 11:48 am to
quote:

What about that Supremacy clause that says you must obey federal law and being here illegally is breaking a federal law?

The frick does the Supremacy Clause have to do with anything? We have an amendment guaranteeing Due Process for the federal government (the 5th) and the states (the 14th).

Due Process doesn't mean disobeying the law has no consequences.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
450106 posts
Posted on 4/22/25 at 11:48 am to
quote:

add in Reno v Flores

He asked how long. That's a quote from the oldest case cited in Plyer
Posted by Deuces
The bottom
Member since Nov 2011
15009 posts
Posted on 4/22/25 at 11:49 am to
quote:

The frick does the Supremacy Clause have to do with anything? We have an amendment guaranteeing Due Process for the federal government (the 5th) and the states (the 14th). Due Process doesn't mean disobeying the law has no consequences.


Counselor, is it your opinion García didn’t receive due process?

Posted by Mushroom1968
Member since Jun 2023
3542 posts
Posted on 4/22/25 at 11:52 am to
quote:

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.


There’s due process for noncitizens who are here legally. There’s nothing for noncitizens who are here illegally. Constitution does not grant rights to everyone everywhere, it applies within the jurisdiction of the United States, and how far that extends depends on the person’s legal status and the nature of their presence here. Illegal presence puts someone in direct violation of federal law, and with that comes limited standing when invoking constitutional protections.
Posted by atlgamecockman
Washington, DC
Member since Dec 2012
4006 posts
Posted on 4/22/25 at 11:54 am to
quote:

Justice Scolia


quote:

What a liberal, leftist cuck


Posted by Logician
Grinning Colonizer
Member since Jul 2013
4879 posts
Posted on 4/22/25 at 11:54 am to
as long as they promise to vandalize teslas, they can come back.

if they wipe a booger on a pride mural, they have to go back.

after all, no one is above the law.
Posted by NC_Tigah
Make Orwell Fiction Again
Member since Sep 2003
130706 posts
Posted on 4/22/25 at 11:56 am to
quote:

the US prosecutes undocumented people under administrative laws so that the govetnment doesn't have to adhere to the protections offered to people accused of crimes in our country.

Maybe I misunderstood ...
or maybe she misrepresented.

Issues related to undocumented status are managed thru civil administrative processes. So the government can pursue deportation without stricter requirements and/or protections of the criminal justice system.

However, criminal prosecution obviously is undertaken, complete with all inherent requirements/protections, for more serious immigration-related offenses and other criminal violations.  

Posted by 4cubbies
Member since Sep 2008
53705 posts
Posted on 4/22/25 at 12:02 pm to
quote:

or maybe she misrepresented.

Issues related to undocumented status are managed thru civil administrative processes.



It sounds like you are agreeing with her statement.

Posted by TheGooner
Baton Rouwage
Member since Jul 2016
1108 posts
Posted on 4/22/25 at 12:04 pm to
Are foreign nationals that are in the country illegally, allowed to purchase firearms under the 2nd Amendment?
Posted by Laugh More
Member since Jan 2022
2526 posts
Posted on 4/22/25 at 12:12 pm to
Prove this.
Posted by Rza32
Member since Nov 2008
4098 posts
Posted on 4/22/25 at 12:12 pm to
Since 2020
Posted by IvoryBillMatt
Member since Mar 2020
4577 posts
Posted on 4/22/25 at 12:13 pm to
In case you really want to know, the answer is "since the passage of the 14th Amendment." There is a minority view, as articulated by my former law school professor, Justice Scalia, that those Constitutional rights should never be allowed to relese an illegal immigrant into the United States.

The one good thing from the judicial attacks on the Trump deportations is that the Supreme Court will probably clarify...and maybe even restrict...the level of Constitutional due process afforded to illegal aliens.

This is a good summation of the current state of the law:

"The Supreme Court confirms that the fourteenth amendment does apply to non-citizens. The majority opinion in the Supreme Court case, Zadvydas v. Davisholds that aliens, although not citizens are entitled to Due Process of law. In Zadvydas, the Court held potentially permanent detention of an illegal immigrant awaiting deportation unconstitutional, as the illegal immigrant still had liberty rights. The Court held that an immigrant awaiting deportation could not be held for more than ninety days without a hearing providing, “freedom from imprisonment lies at the heart of the liberty protected by the Due Process Clause.” However, more importantly, the Supreme Court confirmed that all persons are protected and entitled to due process under the United States Constitution. The Court confirmed, “[b]ut once an alien enters the country, the legal circumstance changes, for the Due Process Clause applies to all ‘persons’ within the United States, including aliens, whether their presence here is lawful, unlawful, temporary, or permanent.”

But is this right? Does the situation matter? President Trump and his administration argue that those in the country illegally should not be entitled to the same rights as natural born and naturalized citizens[3]. This argument is often enforced by crimes committed by illegal immigrants. This viewpoint is not without some judicial merit as seen in the Zadvydas dissent.[4]In the Zadvydas dissent, Justice Antonin Scalia argues that the Due Process Clause should not protect illegal aliens against the deprivation of liberty. Scalia argued that those who have no constitutional right to remain in the United States, should have no right to be released back into the country. Thus, illegal immigrants have no liberty right protecting them from indefinite detention. Scalia quotes Justice Robert H. Jackson in his dissent stating, “Due process does not invest any alien with a right to enter the United States, nor confer on those admitted the right to remain against the national will.”

President Trump’s ideology on the treatment of illegal aliens presents a potential judicial shift in the legal rights granted to illegal immigrants. President Trump’s negative viewpoint on the current immigration process could result in action that would change the rights illegal immigrants receive. However, unless action is taken by the President, precedent demands that, unless changed by law, any and all persons be recognized and protected under due process."

Law School Article Explaining Rights of Illegal Aliens


This post was edited on 4/22/25 at 12:16 pm
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
450106 posts
Posted on 4/22/25 at 12:14 pm to
quote:

Counselor, is it your opinion García didn’t receive due process?


His specific removal (where he was removed) violated a prior order. That is the impropriety/illegality in the admin behavior. To fix that will likely require some due process.
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