Do criminal illegal aliens have rights in our country? One of our participants asked, “Why do so many believe constitutional rights apply to anyone setting foot on U.S. soil rather than, specifically, U.S. citizens?” I’ve been thinking a lot about this question from a Civics and Constitution teacher’s perspective.
Now, I am not a lawyer. Most of us aren’t. We are citizens looking for the law, the facts, and the truth. We want the complex to be understandable. In this case, it’s not that simple. Here’s why:
Constitutional Protections: Rights for All?
The U.S. Constitution does not explicitly state that illegal aliens have the same rights as American citizens. However, certain rights, like equal protection under the law and due process, are extended to all people “under the jurisdiction of the United States,” regardless of the individual’s immigration status. There are court cases that confirm this. The one brought to my attention was Plyler v. Doe (1982). The Supreme Court concluded that states cannot deny free public education to children based on their immigration status. This is important: The SCOTUS ruling said the Fourteenth Amendment’s Equal Protection Clause applies to all persons.
I have a question: What does “to be under the jurisdiction of the United States” mean? I’ve been taught that this phrase means you have legal status in the USA. Do illegal immigrants (or the U.S. law and policy legal term “illegal aliens”) have legal status? If so, why? Is it because the previous administration let foreign nationals cross our borders en masse with its approval and a court date that would be impossible to enforce?
What about Due Process? Individuals have the right to fair legal proceedings. This means that even if someone faces deportation, they are entitled to a hearing and the opportunity to present their case. However, a good question is: What part of due process was used when up to 5,000 people per day were admitted into our country, bypassing the usual channels for legal entry (like passports)? And, what about the small towns, like Springfield, Ohio, that had 20,000 new citizens “overnight” without giving the residents due process? Where was their right to fair legal proceedings? Where were congressional leaders at that time?
The Role of the Executive Branch
Congress never officially approved an open borders policy between 2020-2024. How are open borders legal? Article II, sec.1 says, “The executive Power shall be vested in a President of the United States of America.” Article III, sec. 3 requires the President to “take Care that the Laws be faithfully executed.” According to the Constitution, this federal power implies that the Executive Branch can enforce and INTERPRET immigration laws. (Note: It does not give the Executive Branch the power to make laws).
So, if the Chief Executive can open borders constitutionally, is it not also any future Chief Executive’s power to close or limit border crossings? And, is it not reasonable to deport those who came in under a loose interpretation of those laws not congressionally approved, especially if it can be proven that it is part of a planned “invasion” with far-reaching implications for Americans in the future? (See Article IV, sec.4
While Congress did not formally approve of an “open borders” policy, we can deduce that the Executive Branch has the authority to implement policies that can lead to increased immigration. These policies are subject to legal and political debate.
Therefore, any administration’s actions can be challenged in court, and various states and organizations are doing so. These immigration/deportation actions and policies are complex. How they resolve may depend on court interpretations of existing laws, precedent, and the specific circumstances surrounding immigration enforcement.
The Path Forward: Founders’ Intent and Future Implications
Looking at it from a common-sense perspective, I continue my struggle with this issue facing our country today. However, returning to the Federalist Papers and the original intent of our Founders and Framers would go a long way toward resolving this issue. What would they say in our current circumstances? Answering this question is paramount.
The future of our country depends on it.
This is Common Sense Civics and Citizenship. 🇺🇸
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