Omar Bennett
The US Constitution does not expressly guarantee the right to live with one's family, but the Supreme Court has recognised it as a fundamental right protected by the Due Process Clause of the Fifth and Fourteenth Amendments. This means that the government cannot take away this right without going through a legal process and providing a compelling justification. Undocumented immigrants have the right to be informed of the charges against them, the right to an attorney, and the right to present evidence in their defence. While the Constitution doesn't permit foreigners to enter the US without going through the proper channels, it does protect their human rights once they're here.
| Characteristics | Values |
|---|---|
| Right to be informed of charges | Guaranteed by the Fifth and Fourteenth Amendments of the Constitution |
| Right to an attorney | Guaranteed by the Fifth and Fourteenth Amendments of the Constitution |
| Right to present evidence in their defence | Guaranteed by the Fifth and Fourteenth Amendments of the Constitution |
| Right to live with one's family | Recognised as a fundamental human right by the Supreme Court |
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What You'll Learn
The right to be informed of the charges against them
While the US Constitution does not expressly guarantee the right to live with one's family, the Supreme Court has recognised it as a fundamental right protected by the Due Process Clause of the Fifth and Fourteenth Amendments. This means that the government cannot take away this right without going through a legal process and providing a compelling justification.
Undocumented immigrants have the right to be informed of the charges against them, the right to an attorney, and the right to present evidence in their defence. 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". In simple terms, due process means that a person cannot be deprived of their legal rights without proper application of the law. That is, a person cannot have their property taken away from them, or be placed in jail without first going through the legal system to determine if they are guilty of the crime they are accused of, and determining the applicable punishment.
While the Constitution doesn't permit foreigners to enter the US without going through the proper channels, it does protect their human rights once they're in the country.
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The right to an attorney
Even an undocumented immigrant facing criminal charges can receive representation from an attorney, either by their own means or through an attorney appointed by the judge. If an undocumented immigrant cannot afford an attorney, the government must appoint one for them. This was ruled by the Supreme Court in the 1963 case Gideon v Wainwright.
However, it is important to note that because most deportation proceedings are civil rather than criminal cases, the right to legal counsel often doesn't apply. The Trump administration's zero-tolerance policy required most illegal border crossings to be tried as criminal cases, with the exception of parents who cross the border illegally with children.
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The right to present evidence in their defence
While the US Constitution does not expressly protect illegal immigrants, it does protect their human rights once they are in the country. This includes the right to present evidence in their defence.
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”. In other words, due process means that a person cannot be deprived of their legal rights without proper application of the law. That is, a person cannot have their property taken away from them, or be placed in jail without first going through the legal system to determine if they are guilty of the crime they are accused of, and determining the applicable punishment.
Undocumented immigrants have the right to be informed of the charges against them, the right to an attorney, and the right to present evidence in their defence. This right is guaranteed by the Fifth and Fourteenth Amendments of the Constitution.
While the US Constitution does not expressly guarantee the right to live with one’s family, the Supreme Court has recognised it as a fundamental right protected by the Due Process Clause of the Fifth and Fourteenth Amendments. This means that the government cannot take away this right without going through a legal process and providing a compelling justification.
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The right to not be deprived of life, liberty or property without due process of law
The US Constitution does not expressly guarantee the right to live with one's family, but the Supreme Court has recognised it as a fundamental right protected by the Due Process Clause of the Fifth and Fourteenth Amendments. This means that the government cannot take away this right without going through a legal process and providing a compelling justification.
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". In simple terms, due process means that a person cannot be deprived of their legal rights without proper application of the law. That is, a person cannot have their property taken away from them, or be placed in jail without first going through the legal system to determine if they are guilty of the crime they are accused of, and determining the applicable punishment.
Undocumented immigrants have the right to be informed of the charges against them, the right to an attorney, and the right to present evidence in their defence. While the Constitution doesn't permit foreigners to enter the US without going through the proper channels, it does protect their human rights once they're in the country.
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The right to live with one's family
While the US Constitution does not expressly guarantee the right to live with one's family, the Supreme Court has recognised it as a fundamental right protected by the Due Process Clause of the Fifth and Fourteenth Amendments. This means that the government cannot take away this right without going through a legal process and providing a compelling justification. The right to live with one's family is recognised as a fundamental human right by multiple international treaties and declarations, including the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights.
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. That is, a person cannot have their property taken away from them, or be placed in jail without first going through the legal system to determine if they are guilty of the crime they are accused of, and determining the applicable punishment.
Undocumented immigrants have the right to be informed of the charges against them, the right to an attorney, and the right to present evidence in their defence. While the Constitution doesn't permit foreigners to enter the US without going through the proper channels, it does protect their human rights once they're in the country.
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Frequently asked questions
While the US Constitution does not expressly protect illegal immigrants, it does protect their human rights once they are in the US. This includes the right to be informed of the charges against them, the right to an attorney, and the right to present evidence in their defence.
While the US Constitution does not expressly guarantee this right, the Supreme Court has recognised it as a fundamental right protected by the Due Process Clause of the Fifth and Fourteenth Amendments. This means that the government cannot take away this right without going through a legal process and providing a compelling justification.
An undocumented immigrant is a foreign national who has entered the United States without the government's permission or has stayed beyond their visa's expiration date.
