Rights Of Illegal Immigrants

by La Shawn on July 20, 2004

in Illegal Aliens

A commenter challenged some assertions I made in yesterday’s post about illegal aliens in Virginia who believe they have a right to be enrolled in public colleges and receive in-state tuition, although they’re not even citizens of this country.

The commenter wrote:

“[I]llegal aliens’ rights are not coterminus (sic) with citizens’ rights, but they have many protections under the 14th Amendment and the Bill of Rights.”

The commenter is correct. I asserted that illegal aliens have no rights and protections under the Constitution. While I know that illegal aliens have certain due process rights under the Bill of Rights and the 14th Amendment to the Constitution, the point I was making yesterday was that they have no “right” to attend public colleges in the United States. I need to be clear on what rights they do have.

In general, a person who is not a citizen of a country has no “right” to be in that country. Students, workers and visitors are permitted to be in a country depending on their visa status. The Constitution refers to three kinds of people: citizens, persons, and the people. Whether the drafters intended these terms to mean different things is the subject of another post.

Because illegal immigration is a crime, illegal aliens have certain rights under the Constitution. And here they are:
—The right to remain silent
—The right not to incriminate himself
—The right to counsel
—The right to court-appointed counsel if he can’t afford counsel — Actually, non-citizens don’t have a per se right to a court-appointed lawyer.
—The right to stop answering questions at any time and ask for counsel
—Knowing and understanding his rights

I stand corrected.

{ 2 comments }

DANEgerus 07.22.04 at 3:57 pm

But I would advocate they be denied those rights until they have citizenship or legal status…

else we invest heavily in subsidizing crimes.

As currently 1 in 4 in prison are “illegals” and a similar proportion are leeching tax-payer subsidized health care for the “poor”

I’m all for immigration…

I’m against undercutting wages of our lower income citizens by subsidizing illegal immigrants with tax dollars.

fred noah 09.26.04 at 3:10 pm

I see illegal immigration as our #1 problem facing America and virtually all of our politicians only see this as another voting block. Even the Bush administration which I agree with on many issues has looked to sell us out on the immigration issue. We must wake up as a people and demand our borders be protected or we will have trully dire days ahead.

Comments on this entry are closed.

Previous post: Conservative University 2004/Lunch With Star

Next post: John McWhorter And The NAACP