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G_j

(40,367 posts)
Fri Jun 29, 2018, 02:52 PM Jun 2018

What constitutional rights do undocumented immigrants have?

https://www.pbs.org/newshour/politics/what-constitutional-rights-do-undocumented-immigrants-have


What rights do undocumented immigrants have to a court hearing, to an attorney or to free speech? What rights do their children have to education?

How those rights play out in practice is more complex.
To answer those questions, we must start with a more basic question–does the U.S. Constitution apply to undocumented immigrants?

“Yes, without question,” said Cristina Rodriguez, a professor at Yale Law School. “Most of the provisions of the Constitution apply on the basis of personhood and jurisdiction in the United States.”

Many parts of the Constitution use the term “people” or “person” rather than “citizen.” Rodriguez said those laws apply to everyone physically on U.S. soil, whether or not they are a citizen.

As a result, many of the basic rights, such as the freedom of religion and speech, the right to due process and equal protection under the law apply to citizens and noncitizens. How those rights play out in practice is more complex.

Right to due process

What the law says: The Fifth Amendment states that “no person … shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law.”

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What constitutional rights do undocumented immigrants have? (Original Post) G_j Jun 2018 OP
I have always believed that the law is the law. Period world wide wally Jun 2018 #1
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