Constitutional Protections For Illegal Aliens: What's The Verdict?

The US Constitution does not specifically mention undocumented immigrants, but they are still protected by its principles. In 1885, the Supreme Court of the US ruled that the 14th Amendment's statement, 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, applied to all persons without regard to any differences of race, of colour, or of nationality. This means that undocumented immigrants are granted the same fundamental, undeniable constitutional rights as all Americans.

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The right to due process

While undocumented immigrants are not specifically mentioned in the US Constitution, they are still protected by its principles. The US government has an obligation to uphold the human rights of everyone within its borders, including undocumented immigrants.

The Fifth Amendment to the Constitution 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". The 14th Amendment also states that no state shall "deprive any person of life, liberty, or property without due process of law".

In its decision, the Supreme Court of the United States concluded that undocumented immigrants may claim the benefit of the Equal Protection Clause, which provides that no state shall "deny to any person within its jurisdiction the equal protection of the laws". The Court has also ruled that the 14th Amendment's statement regarding due process applies to all persons "without regard to any differences of race, of color, or of nationality".

The right to equal protection under the law

While undocumented immigrants are not specifically mentioned in the US Constitution, they are still protected by its principles. In 1885, the Supreme Court of the US ruled that the 14th Amendment's statement, "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," applied to all persons "without regard to any differences of race, of colour, or of nationality".

In 1981, the Supreme Court of the US concluded that undocumented children could not be denied benefits that the State affords other residents. The undocumented status of these children does not establish a sufficient rational basis for denying them benefits.

In 2018, the Trump administration issued a "zero-tolerance" immigration policy, which led to a spike in separations of migrant families detained at the border. This brought heightened attention to the question of whether undocumented immigrants have the right to a court hearing or legal representation when faced with deportation.

The Fifth Amendment to the Constitution 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". Due process means that a person cannot be deprived of their legal rights without proper application of the law.

The right to a fair hearing

While undocumented immigrants are not specifically mentioned in the US Constitution, they are still protected by its principles. The US government has an obligation to uphold the human rights of everyone within its borders, including undocumented immigrants.

In Yick Wo v. Hopkins, a case involving the rights of Chinese immigrants, the Court ruled that the 14th Amendment's statement, "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," applied to all persons "without regard to any differences of race, of color, or of nationality" and to "an alien, who has entered the country, and has become subject in all respects to its jurisdiction, and a part of its population, although alleged to be illegally here".

In its decision, the Supreme Court of the US concluded that:

> The illegal aliens who are plaintiffs in these cases challenging the statute may claim the benefit of the Equal Protection Clause, which provides that no State shall 'deny to any person within its jurisdiction the equal protection of the laws.' Whatever his status under the immigration laws, an alien is a 'person' in any ordinary sense of that term... The undocumented status of these children vel non does not establish a sufficient rational basis for denying them benefits that the State affords other residents.

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The right to liberty

The Supreme Court of the United States has also ruled that undocumented immigrants are protected by the 14th Amendment's principle of "equal protection under the law". In the case of Yick Wo v. Hopkins (1885), the Court ruled that the 14th Amendment applied to all persons "without regard to any differences of race, of colour, or of nationality". This means that illegal aliens are entitled to the same fundamental rights as all Americans while they are within the borders of the United States.

In addition to the constitutional protections afforded to illegal aliens, the US government has an obligation to uphold the human rights of everyone within its borders, regardless of their immigration status. This includes the right to liberty, which is a fundamental human right recognised by international law.

While there have been debates about the extent to which illegal aliens should be afforded constitutional protections, it is clear that the right to liberty is a fundamental right that applies to all people, regardless of their immigration status. This right is protected by the Constitution, international law, and the decisions of the Supreme Court of the United States.

The right to property

While undocumented immigrants are not specifically mentioned in the US Constitution, they are still protected by its principles. The US government has an obligation to uphold the human rights of everyone within its borders, including undocumented immigrants.

The Fifth Amendment to the Constitution 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". Due process means that a person cannot be deprived of their legal rights without proper application of the law. In other words, everyone is given a fair and impartial hearing before the government takes away their life, liberty, or property.

In Yick Wo v. Hopkins, a case involving the rights of Chinese immigrants, the Court ruled that the 14th Amendment's statement, "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," applied to all persons "without regard to any differences of race, of color, or of nationality" and to "an alien, who has entered the country, and has become subject in all respects to its jurisdiction, and a part of its population, although alleged to be illegally here".

In its decision, the Supreme Court of the US in 1981 concluded, "The illegal aliens who are plaintiffs in these cases challenging the statute may claim the benefit of the Equal Protection Clause, which provides that no State shall 'deny to any person within its jurisdiction the equal protection of the laws.' Whatever his status under the immigration laws, an alien is a 'person' in any ordinary sense of that term".

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