Undocumented Immigration Do you believe that a border fence is constitutional? What combination of physical boundaries and legal constraints should the United States use to prevent undocumented immigration? What about the rights of immigrants? On Sunday, that undocumented immigrants should be immediately returned “from where they came” with “no Judges or Court Cases.”
This, along with the administration’s “zero-tolerance” immigration policy and the recent spike 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. What rights do undocumented immigrants have to a court hearing, to an attorney or to free speech? What rights do their children have to education? To answer those questions, we must start with a more basic question–does the U.S. Constitution apply to undocumented immigrants? “Yes, without question,” said Cristina Rodriguez, a professor at Yale Law School. “Most of the provisions of the Constitution apply on the basis of personhood and jurisdiction in the United States.” Many parts of the Constitution use the term “people” or “person” rather than “citizen.” Rodriguez said those laws apply to everyone physically on U.S. soil, whether or not they are a citizen. As a result, many of the basic rights, such as the freedom of religion and speech, the right to due process and equal protection under the law apply to citizens and noncitizens. How those rights play out in practice is more complex. This, along with the administration’s “zero-tolerance” immigration policy and the recent spike 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. What rights do undocumented immigrants have to a court hearing, to an attorney or to free speech? What rights do their children have to education?
To answer those questions, we must start with a more basic question–does the U.S. Constitution apply to undocumented immigrants? “Yes, without question,” said Cristina Rodriguez, a professor at Yale Law School. “Most of the provisions of the Constitution apply on the basis of personhood and jurisdiction in the United States.” Many parts of the Constitution use the term “people” or “person” rather than “citizen.” Rodriguez said those laws apply to everyone physically on U.S. soil, whether or not they are a citizen. As a result, many of the basic rights, such as the freedom of religion and speech, the right to due process and equal protection under the law apply to citizens and noncitizens. How those rights play out in practice is more complex. Use APA referencing style.