IF the shit hits the fan, I will be the one flushing you down the toilet (just like you did to the aborted babies)
The U.S. Constitution applies to everyone within the country, including undocumented immigrants, according to the U.S. Supreme Court. This includes basic constitutional rights like freedom of speech and religion, due process, and equal protection under the law.
There are few exceptions, but
asylum seekers, who must be granted a hearing.
Right to due process
What the law says: The Fifth Amendment 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 issue of due process is at the heart of many immigration cases, including Reno v. Flores, the 1993 Supreme Court case that has returned to the spotlight with the surge in family separations. The case led to an agreement requiring the government to release children to their parents, a relative or a licensed program within 20 days.
In the ruling, Justice Antonin Scalia wrote “it is well established that the Fifth Amendment entitles aliens to due process of law in deportation proceedings.”
How it works in practice: Immigrants have the right to due process. But in reality, says, Andrew Arthur, a resident fellow in law and policy at the conservative Center for Immigration Studies, “courts of law run the gamut.”
In some cases, immigrants are not granted a hearing at all. When asked about the president’s tweet, White House Press Secretary Sarah Sanders pointed to the process of “expedited removal,” which was created by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.
“Just because you don’t see a judge doesn’t mean you aren’t receiving due process,” Sanders said.
Under the expedited removal process, immigrants who have been in the country illegally for less than two years and are apprehended within 100 miles of the border can be deported almost immediately without going through a court hearing.
The exception is asylum seekers, who must be granted a hearing.
Those who are not processed through expedited removal have the right to due process in an immigration court, where the main goal is to decide whether a person has a legal claim to remain in the U.S.
The administration’s “zero-tolerance” immigration policy and the recent surge in family separations at the border -- a practice President Donald Trump ended through executive order -- has called attention to the legal rights of immigrants under U.S. law.
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