Just curious as to if anyone knows exactly what "rights," civil liberties, protections, etc. are granted to those that are in the USA illegally? Do they/should they have the same protections, due process, etc. as American citizens? What are some of the legal basis for the protections that are awarded to illegals? Does the Bill of Rights and/or Constitution outline rights for illegal immigrants or do they derive from other sources like the courts? Just wondering if anyone knows anything about this?
2006-07-30 08:39:57 · 6 answers · asked by porthuronbilliam 4 in Politics & Government ➔ Immigration
The same rights as any other criminal.
1. You have the right to remain silent and refuse to answer any questions.
2. Anything you say may be used against you in a court of law.
3. As we discuss this matter, you have a right to stop answering my questions at any time you desire.
4. You have a right to a lawyer before speaking to me, to remain silent until you can talk to him/her, and to have him/her present when you are being questioned.
5. If you want a lawyer but cannot afford one, one will be provided to you without cost.
6. Do you understand each of these rights I have explained to you?
7. Now that I have advised you of your rights, are you willing to answer my questions without an attorney present?
Under Title 8 Section 1325 of the U.S. Code, "Improper Entry by Alien," any citizen of any country other than the United States who:
Enters or attempts to enter the United States at any time or place other than as designated by immigration officers; or
Eludes examination or inspection by immigration officers; or
Attempts to enter or obtains entry to the United States by a willfully false or misleading representation or the willful concealment of a material fact;
has committed a federal crime.
Violations are punishable by criminal fines and imprisonment for up to six months. Repeat offenses can bring up to two years in prison. Additional civil fines may be imposed at the discretion of immigration judges, but civil fines do not negate the criminal sanctions or nature of the offense.
2006-07-30 08:48:14 · answer #1 · answered by oklatom 7 · 0⤊ 0⤋
They have a lot of the same rights as citizens when it comes to criminal violations - a free attorney, due process, same kind of jail. If they are injured on the job (which they cannot legally work), they get workers' comp same as legal employees. They can own homes and send their kids to school, and demand bilingual education at someone else's expense. If they have an emergency medical condition, the ER has to treat them. They can sue you in court and win money damages against you.
They cannot vote or serve in the military (legal aliens can serve, and it puts them on the fast track to citizenship). They can be deported.
FYI, legal non citizens of Mexico don't have as many rights as illegals in this country.
Stealth - you need to read the law - Case law and state laws expand rights beyond the US constitution. You can't give fewer rights than the USC, but it's perfectly legal and common to give more.
2006-07-30 08:48:33 · answer #2 · answered by Catspaw 6 · 0⤊ 0⤋
They have no rights.. unless to be treated humanely and or give emergency if need be.. but ONLY emergencies..
Read the U.S. Constitution: Ammendment XIV and then go back and read the Bill of Rights, the 2 types of people that it has jurisdiction over.. there are "persons" and "citizens."
"Persons" are not reguarded as "citizens." Those are related to those 'becoming' of "citizens."
Or what was later revised as those actually going thru the legal process of BECOMING citizens.
The only right they have is to leave!
They didn't even have the right to protest, specifically because they are not U.S. Citizens..
That is not a right given to anybody-- only American Citizens.. "DOCUMENTED "citizens"" if you will...
--Rob
(Catspaw.. you are wrong. They don't have rights.. like ALMOST a citizen.. Technically, they have none and shouldn't even be ALLOWED to have an attorney.
However, they can be subject to military service to move along their process quicker. Many military men/ women serve as illegal immigrants....).....
2006-07-30 08:51:02 · answer #3 · answered by stealth_n700ms 4 · 0⤊ 0⤋
This is according to the ACLU its on their site.
ACLU Urges Congress to Fix - Or Scrap - Flawed Immigration Bill (6/19/2006)
2006-07-30 08:52:46 · answer #4 · answered by Renegade. 3 · 0⤊ 0⤋
they have no rights, that goes both ways, you can kill someone and you dont go to jail or get death, you get deported. you must be here illegally for 7years to aply for naturalization
2006-07-30 08:44:31 · answer #5 · answered by keepinitril 3 · 0⤊ 0⤋
They have NO rights. PERIOD
And if they don't like it they can GO HOME!!!
2006-07-30 16:01:11 · answer #6 · answered by chulita 5 · 0⤊ 0⤋