In the United States, do illegal aliens have constitutional rights?

rlstaehle

The Constitution protects the rights of citizens, and legal immigrants. Illegal immigrants have human rights, and the right to get the hell out.

Michael H

humans have constitutional rights

Daniel F

yes

phatboy

No. They are not a citizen of our country, so they are not entitled to our rights.

Um. No.

If we take the exhortations of our forbears seriously that all men are created equal, and that they have certain "inalienable rights," it follows naturally that certain rights are inherent to humans, not just citizens of a certain country or members of a certain race.

That's why, for example, torture is unequivocally condemned for all people--not just one's own people. Basic human morality makes no distinction between nationalities. Criminals, too, are entitled to human rights and constitutional rights--if you choose to designate undocumented immigrants as criminals--and anyone who suggests that these immigrants DON'T have rights is, by extension, suggesting that they are somehow less than fully human.

Hu A

""â€¦â€¦..the Bill of Rights applies to everyone, even illegal immigrants. So an immigrant, legal or illegal, prosecuted under the criminal code has the right to due process, a speedy and public trial, and other rights protected by the Fifth and Sixth Amendments. This fact sheet from the National Lawyers Guild outlines a host of rights afforded to immigrants and citizens alike.

(There are a few rights reserved for citizens. Among them are the right to vote, the right to hold most federal jobs, and the right to run for political office.)"

The following is taken from National Lawyers Guild website:

http://www.nlg.org/resources/kyr/kyr_english.htm

I. What rights do I have?

Whether or not you're a citizen, you have these constitutional rights:

The Right to Remain Silent. The Fifth Amendment to the U.S. Constitution gives every person the right not to answer questions asked by a police officer or government agent.

The Right to be Free from "Unreasonable Searches and Seizures". The Fourth Amendment is supposed to protect your privacy. Without a warrant, police or government agents may not search your home or office without your consent, and you have the right to refuse to let them in. They can enter and search without a warrant in an emergency. New laws have expanded the government's authority to conduct surveillance. It is possible that your e-mail, cell and other telephone calls, and conversations in your home, office, car or meeting place are being monitored without your knowledge.

The Right to Advocate for Change. The First Amendment to the U.S. Constitution protects the rights of groups and individuals who advocate changes in laws, government practices, and even the form of government. However, the INS can target non-citizens for deportation because of their First Amendment activities, as long as it could deport them for other reasons.

Note the italics of the last statement. We are all aware that INS is not actively pursuing every illegal immigrant in this country but clearly they can single out individuals who are engaged in exercising their rights.

The legal protections afforded by the constitution do not apply to simple deportation proceedings.

Once again from http://www.slate.com/id/1008367/

But immigration proceedings are matters of administrative law, not criminal law. (As a result, the consequence of violating your immigration status is not jail but deportation.) And Congress has nearly full authority to regulate immigration without interference from the courts. Because immigration is considered a matter of national security and foreign policy, the Supreme Court has long held that immigration law is largely immune from judicial review. Congress can make rules for immigrants that would be unacceptable if applied to citizens.

In conclusion, while in this country, illegal immigrants are covered by all the rights guaranteed by the Bill of Rights. Exercising those rights may subject them to deportation because of their alien status. Additional laws apply if the illegal immigrant is suspected of being a terrorist but that is not the subject I am attempting to address.

When illegal entry is treated as a matter of criminal law, instead of being expelled through an administrative proceeding, those accused have the right to a jury trial and all the rules of evidence apply. The government is burdened with "proof beyond a reasonable doubt." Imagine the cost and the caseload.

(This article was revised on December 6, 2007, to reflect the information provided by Mr. Hardin in a comment below.)

In pursuing Mr. Hardin's comment further I came across another interesting point. While illegal entry is subject to criminal prosecution under the statute cited, illegal presence is not a crime under the statute cited. Someone picked up for over staying a visa would be subject to deportation proceedings under administrative law but would not be subject to criminal prosecution simply for being here. "

Basically its not really illegal to be an alien, you just miss out on a lot of rights this is all from this website.

http://www.gather.com/viewArticle.jsp?articleId=281474976743890

Booh

everyone who is within our borders has constitutional rights. However, we have the right to remove them from our borders

GreasyTony

the Bill of Rights applies to everyone, even illegal immigrants. So an immigrant, legal or illegal, prosecuted under the criminal code has the right to due process, a speedy and public trial, and other rights protected by the Fifth and Sixth Amendments. This fact sheet from the National Lawyers Guild outlines a host of rights afforded to immigrants and citizens alike. (There are a few rights reserved for citizens. Among them are the right to vote, the right to hold most federal jobs, and the right to run for political office.)

But immigration proceedings are matters of administrative law, not criminal law. (As a result, the consequence of violating your immigration status is not jail but deportation.) And Congress has nearly full authority to regulate immigration without interference from the courts. Because immigration is considered a matter of national security and foreign policy, the Supreme Court has long held that immigration law is largely immune from judicial review. Congress can make rules for immigrants that would be unacceptable if applied to citizens.

Raw Truth w/ Vitamins

They have the right to a test to become a citizen.

johndoe

they shouldn't. All they want is free handouts from us.

Jewels

no not at all

Zulzoptu

The rights in the constitution goes of all men and women. However, legal bindings are different when dealing with aliens.

Alexis S

They have rights as humans to not be harmed by our government, however they do not have any constitutional rights to voting, a job, government pay, or anything that real citizens of the US have. They have no right to welfare, social security benefits, nor do they have the right to vote or to have a voice in our government.
Pretty much the only rights they have are those that are given to people under arrest.

DAR

They've been giving them to Guantanamo inmates, whether under the 6th (which applies to foreigners) or not, I don't know. We'll see. I would have said they have 'human rights' and specific due process rights, but not citizen rights.

robot_hooker3

Unfortunately, they do have some rights, but not as many as non-criminal citizens.

Sheila

zepfan1232

They shouldn't, but they do. We need to treat illegals as foreign invaders. Deport the ones already here, pull the National Guard out of Iraq, and have them guard the nation like the name suggests. Give a warning in English and Spanish, if it isn't taken, open fire.

juzbcuz

Wow! Are you serious? When these US lawyers get hold of them for something some poor Border Patrol agent may have done they have more rights than you or I!

Jose Cuervo

They have the right to a swift and humane deportation.

hockeyfan29

NO SUCH THING AS ALIEN

jamie

yes they do
do not forget we have alot of liberals
in the u.s.

Walter A

Depending on their status, they may or may not be eligible for 'quarter", which gives them a revised system of rights. They are not "entitled" to all the same rights as a united states citizen