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originally posted by: TheRedneck
a reply to: Sookiechacha
Amendment 14 does not have anything to do with immigration.
TheRedneck
thehill.com...
The U.S. Supreme Court settled the issue well over a century ago. But even before the court laid the issue to rest, a principal author of the Constitution, James Madison, the fourth president of the United States, wrote: "that as they [aliens], owe, on the one hand, a temporary obedience, they are entitled, in return, to their [constitutional] protection and advantage."
More recently, the U.S. Supreme Court ruled in Zadvydas v. Davis (2001) that "due process" of the 14th Amendment applies to all aliens in the United States whose presence maybe or is "unlawful, involuntary or transitory."
Twenty years before Zadvydas, the Supreme Court ruled that the state of Texas could not enforce a state law that prohibited illegally present children from attending grade schools, as all other Texas children were required to attend.
The critics all claim that undocumented workers or immigrants or migrants — whichever label is the flavor of the day — don't have legal rights because they are lawbreakers by entering the country illegally and owe no loyalty to the United States. They claim that only U.S. citizens (natural born or naturalized) are protected by the Constitution. The critics are not only wrong — they are really, truly and sincerely wrong.
The U.S. Supreme Court settled the issue well over a century ago.
originally posted by: Sookiechacha
a reply to: TheRedneck
I don't see why. The article I linked was all about SCOTUS rulings that the 14th Amendment and Due Process rights apply to illegal immigrants.
The critics all claim that undocumented workers or immigrants or migrants — whichever label is the flavor of the day — don't have legal rights because they are lawbreakers by entering the country illegally and owe no loyalty to the United States. They claim that only U.S. citizens (natural born or naturalized) are protected by the Constitution. The critics are not only wrong — they are really, truly and sincerely wrong.
The U.S. Supreme Court settled the issue well over a century ago.
So yes, the 14th Amendment and Due Proccess are rights aforded to even illegal immigrants.
originally posted by: Sookiechacha
a reply to: TheRedneck
No they're not, not when they enter claiming asylum and are arressted for illegal entry before their asylum case is lodged. They are deemed guilty before their crime has been established, because it isn't illegal to enter the country to seek asylum.
originally posted by: Sookiechacha
a reply to: TheRedneck
No they're not, not when they enter claiming asylum and are arressted for illegal entry before their asylum case is lodged. They are deemed guilty before their crime has been established, because it isn't illegal to enter the country to seek asylum.