Do Illegal Aliens Have US Constitutional Rights?

[Elderberry]

The Post & Email by John Bernard 7/9/2025

 The Deconstructionist’s insistence that the 14th Amendment extends to those whose first act here was to breach the border illegally effectively nullifies any argument for a border, much less border security. It is interesting that they fight to extend to and even force upon Illegal Aliens our Constitution’s Rights except for the Second Amendment.

The following is Sect. 1 of the 14th:

“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”

The first sentence clearly states who is protected and they are Citizens. That sentence acts as a predicate for everything that follows.

If a person who breached the Border deserves the Right to plead their case before the Court, i.e., they had a Right to breach the Border (apparently), a successful outcome would logically set a precedent by which every following contest would use that precedent as evidence of their innocence and Right to remain, and if not, then what exactly is the point other than affording the Deconstructionists a tool to gum up the system?

Rhetorical.

This continuing ludicrousness, to wit: frivolously assigning some Constitutional Rights while denying others to Illegal Aliens belies their actual intent which is not that of a human rights effort but rather for gaining maintaining power and control through subterfuge,  confusion, anarchy and emotion.

The following definitions are not politically Left, Right, American or Constitutional – they are Universal and Timeless:

1. Immigration is a Legal process.
2. Immigrant is a Legal status
3. An Alien is a person, not a Citizen
4. An Illegal Alien is a person residing without permission
5. NO ONE has a right to breach any border to any Nation upon the Earth to which they are neither a Citizen nor been given expressed permission to do so. Any of us would be classified as Illegal Aliens if we did. In some places you would be shot on sight.

More: https://www.thepostemail.com/2025/07/09/do-illegal-aliens-have-us-constitutional-rights/

[BobfromWB]

Do Illegal Aliens Have US Constitutional Rights?

Absolutely not. Period. Deport them on discovery, no "due process" which they forfeited when the illegally crossed our borders.

[Smokin Joe]

Sure. They have a right to GTFO of my country, provided they are not wanted for another crime subsequent to crossing our border illegally.

You want to be here?

Do it legally.

[The_Reader_David]

They certainly have due process rights as specified in the Fifth Amendment.   Read it.  "... no person shall be deprived..."  Not, "no citizen", no person.

What they do not have the right to remain in the country. 

If due process does not apply, how will you prevent citizens or legal immigrants who are accused of being illegal immigrants from being wrongly deported?  There must be a right to judicial process for all persons, even as applies to immigration status.

[Free Vulcan]

Do I have property and ownership rights simply because I broke into your home while you were sleeping?

[DefiantMassRINO]

I believe they have a right to a opporunity to prove that they entered the country legally, and that their continued presence in this country is legal.

Decades of 'parole' while remaining in the US waiting for a trial date before an Immigration Judge - nope.  No papers, no stay.

Entering the US on a tourist visa, student visa, or work visa, and later applying for asylum to remain in the US - nope.  That's fraud - entering the US under false pre-tenses.

Dems want to use the legal process as a delay tactic to keep them in the country while their status remains un-adjudicated.  Asylum requests should be fully adjudicated prior to entry into the US.

When my wife and I vacationed on Barbados and Bora Bora, the first question their customs/immigration officials asked was "What flight will you be leaving on?"  They asked to see our flight tickets/reservations to verify that we would be leaving before allowing us to enter their countries.

It's not hard.  If you want to enter America, do so legally.  If you want to remain in America, do so legally.  If you want asylum in America, do so legally by having your case fully adjudicated before entry.  If Immigration Law, immigration policy, or immigration process is not sufficient to meet national needs, change or amend them legally via Congress.  If members of Congress are not up to the job, elect different people to Congress.

[Right_in_Virginia]

They certainly have due process rights as specified in the Fifth Amendment.   Read it.  "... no person shall be deprived..."  Not, "no citizen", no person.

I think we focus on the wrong part of the amendment.  Instead of focusing on "person" or "citizen", we should be focusing on "due process".

What is Due Process?
It’s in the Constitution that the government shall not “deprive any person of life, liberty, or property without due process of law.” This legal guarantee takes two forms: procedural due process and substantive due process.

Substantive due process means that the government must give a compelling reason before infringing upon certain fundamental rights, no matter what process is followed.

In practice, procedural due process means that the government must give people a chance to defend themselves in a fair hearing before infringing on their rights***.

https://www.aclu.org/news/civil-liberties/what-is-due-process#:~:text=It's%20in%20the%20Constitution%20that,process%20and%20substantive%20due%20process.

Shouldn't the due process be:  Show you are legally living in the United States, and for how long.  Period.  If there is no proof, or they've overstayed their welcome, take 'em to the nearest airport for a destination of their choosing with a sandwich and bottled water for the flight.  This is not rocket science.

*** I'm pretty sure the Founders would not be happy knowing their words now mean any person in the world automatically has "the right" to live here.

[Right_in_Virginia]

I believe they have a right to a opporunity to prove that they entered the country legally, and that their continued presence in this country is legal.

Decades of 'parole' while remaining in the US waiting for a trial date before an Immigration Judge - nope.  No papers, no stay.

Entering the US on a tourist visa, student visa, or work visa, and later applying for asylum to remain in the US - nope.  That's fraud - entering the US under false pre-tenses.

Dems want to use the legal process as a delay tactic to keep them in the country while their status remains un-adjudicated.  Asylum requests should be fully adjudicated prior to entry into the US.

When my wife and I vacationed on Barbados and Bora Bora, the first question their customs/immigration officials asked was "What flight will you be leaving on?"  They asked to see our flight tickets/reservations to verify that we would be leaving before allowing us to enter their countries.

It's not hard.  If you want to enter America, do so legally.  If you want to remain in America, do so legally.  If you want asylum in America, do so legally by having your case fully adjudicated before entry.  If Immigration Law, immigration policy, or immigration process is not sufficient to meet national needs, change or amend them legally via Congress.  If members of Congress are not up to the job, elect different people to Congress.

Excellent post. 

[BobfromWB]

They certainly have due process rights as specified in the Fifth Amendment.   Read it.  "... no person shall be deprived..."  Not, "no citizen", no person.

What they do not have the right to remain in the country. 

If due process does not apply, how will you prevent citizens or legal immigrants who are accused of being illegal immigrants from being wrongly deported?  There must be a right to judicial process for all persons, even as applies to immigration status.

The 'person' is assumed to be a citizen by the proceeding language. No Founding Father would tolerate foreigner as having a right of any sort enumerated by the Constitution.

Deport them now - or it will take hundreds of years to give 'due process' to 30 million illegals.

They can show their Green Card, their passport, their BC to prove they are legal to the arresting officers. Everybody else - out.