Any Lawyers out there? What rights do immigrants have per the constitution?

[17thfabn]

Do immigrants have the right to due process according to the constitution? I'm not talking about cruelty to immigrants, but if the U.S. thinks some one is an undesirable immigrant (e.g. suspected terrorist) do we have to go through a full hearing to expel them?

[wuzzagrunt]

The short answer is: Yes. Immigrants (legal or otherwise) have the same Constitutional protections as anyone else--if they stand on American soil. There are some rights that are more restricted for non-citizens but they enjoy the same protections re self incrimination, due process, unreasonable searches, etc.

BTW, I am NOT an attorney.

[Shizamus]

I am not a lawyer, but as far as i know you would
have Constitutional protections the same as anyone else.

If you fall under 'suspected terrorist' definition and is
defined in the Patriot Act (anti-freedom act) the
equivolent charge would be 'enemy combatant'.
Being an enemy combatant you can kiss all of your
rights good buy, every single one of them.
And there would be no difference if you are an
immigrant or a US citizen once charged as an
'enemy combatant'.

[1952Sniper]

Shizamus nailed this one.

The truth is, all the government has to do is say that they suspect you of being a terrorist, and you can disappear. No trail, none of that pesky legal stuff. Citizen or immigrant, it doesn't matter.

And keep in mind, they don't have to even have proof of any terrorist ties. As long as they *think* that you might *possibly* have any connection to terrorism in any way, shape, form, or fashion, you lose all your rights. You are now a victim of whatever they want to do to you. They can arrest you and hold you indefinitely without charging you with any crime. They don't have to notify anyone that they took you or where you are. You have no right to a lawyer or a trial. They can keep you for the rest of your life in a small prison cell without even telling you why they did it! If they are in a good mood, they might give you a military tribunal, but even then you aren't afforded the same legal rights as civilian courts.

So much for the Constitution. But don't you feel SAFER now?

charged as an 'enemy combatant'. Shizamus

Shiz, I think a person suspected of being a 'enemy combatant', and before any charges are made, would not have the protection of our Constitution.

Good thread, let's hear from those "in the know"

[Shizamus]

Resolution Against the USA PATRIOT ACT and Other Executive Orders for the City of Philadelphia, Pennsylvania

Urging the City Administration to demonstrate Philadelphia's strong commitment
to civil liberties by continuing and strengthening the City's protection of the
Constitutional rights of all persons in our City,regardless of race, religion,
or national origin, and urging our Congressional Delegation to vigilantly
monitor the implementation of the USA Patriot Act and to actively work to repeal
the Act or those sections of the Act and those Orders, rules and regulations
issued under the Act, that violate the fundamental rights and liberties of
persons protected by the United States Constitution and its Amendments.

WHEREAS, the City of Philadelphia recognizes that a threat to any one person's
Constitutional rights is a threat to the rights of all; and

WHEREAS, the City of Philadelphia has been and remains committed to the
protection of civil rights and liberties for all residents; and

WHEREAS, the Declaration of Independence of the United States, which was written
in Philadelphia, holds as self-evident that all people are created equal and are
endowed with the inalienable rights of life, liberty, and the pursuit of
happiness; and

WHEREAS, the United States Constitution guarantees all person living in the
United States certain fundamental rights including freedom of religion, speech,
assembly and privacy; protection from unreasonable searches and seizures; due
process and equal protection; and access to counsel, presumption of innocence
and a fair, speedy public trial; and

WHEREAS, a great crime against humanity occurred on September 11, 2001,
resulting in new federal laws and enforcement powers, including the USA Patriot
Act signed by President George W. Bush on October 26, 2001; and

WHEREAS, the USA Patriot Act was written to respond to the attack on our nation,
it weakens, contradicts and undermines the basic constitutional rights outlined
above. The Act, a 342 page document, was hastily enacted in six weeks without
public hearings, or a Congressional "mark-up"; and

WHEREAS, examples of the Patriot Act's threat to these fundamental rights
include the Government's expanded power to: engage in limited judicial
supervision of telephone and Internet surveillance; grant law enforcement and
intelligence agencies broad access to sensitive medical, mental health,
financial, and educational records with little, if any, judicial oversight;
expand the government's ability to conduct secret searches of individual's homes
and businesses, including monitoring what books are bought from bookstores or
borrowed from libraries; and limits the disclosure of public documents and
records under the Freedom of Information Act; and

WHEREAS, Department of Justice interpretations of the Patriot Act and Executive
Orders appear to impact on selective racial and religious groups including
residents of other nations. This has caused alarm among many of our local
citizens and non-citizens who fear an emergent climate for racial and ethnic
profiling. This is especially disconcerting because the City of Philadelphia is
home to a diverse population, whose contributions are vital to the city's
character and function; and

WHEREAS, on May 30, 2002 this City Council passed resolution #020394 which
vigorously opposed federal policy giving local and state law enforcement
agencies the authority to investigate the citizenship and residency status of
any person unless required by court decision, or statute; and

WHEREAS, the City Council commended the leadership of the city's Police
Department for protecting the privacy rights of non-citizens in our city by
implementing Police Directive Memorandum 01-06 requiring all police personnel to
"preserve the confidentiality of all information regarding law abiding
immigrants to the maximum extent permitted by law."; and

WHEREAS, the City of Philadelphia's proactive response to the threats of
terrorism following the attacks on September 11, 2001 was to establish in 2002
the Counter-Terrorism Bureau within the Philadelphia Police Department; and

WHEREAS, the City Council supports the Counter-Terrorism Bureau's mandate
including it's policy which explicitly provides for the ".legitimate needs of
law enforcement while at the same time maintaining the constitutional and
statutory parameters, which guarantee each individual the right to privacy,"
thus, another illustration of our city's commitment to upholding basic civil
liberties; and

WHEREAS, over sixty cities throughout the country have enacted resolutions
reaffirming support for civil rights and civil liberties in the face of
government policies that threaten these values, and are demanding accountability
from federal agencies regarding the use of these new powers; therefore

RESOLVED by the Council of the City of Philadelphia, that the City Council of
Philadelphia reaffirms its support of the United States government in its
campaign against global terrorism, but also reaffirms that any efforts to end
terrorism not be waged at the expense of the fundamental civil liberties of the
people of Philadelphia, and all citizens of the United States; and

RESOLVED FURTHER, that the City of Philadelphia affirms the rights of all
people, including United States citizens and citizens of other nations, living
within the City in accordance with the Bill of Rights and the Fourteenth
Amendment of the U.S. Constitution; and

RESOLVED FURTHER, that the City Council of Philadelphia urges the city
administration and its citizens during the course of their daily life to be
guided by the collective responsibility and obligation of safeguarding the
constitutional protections afforded all people of our city. The Council
recognizes that this is the paramount responsibility of local law enforcement
personnel, appointed and elected government offices that are ultimately
responsible for upholding the solemn oath they have taken to preserve, protect
and defend the Constitutions of the United States and the Commonwealth of
Pennsylvania; and

FINALLY RESOLVED, that the Council calls on our United States Representatives
and Senators to monitor the implementation of the Act and Executive Orders cited
herein and actively work for the repeal of the Act or those sections of the Act
including Executive Orders that violate fundamental rights and liberties as
stated in the United States Constitution and its Amendments.

Introduced by Philadelphia City Councilman Angel L. Ortiz
Thursday, May 29th, 2003
Passed by a vote of 13-3

Thanks Shiz, that clears it up.

"screwed until proven innocent"

[Evilahole]

Does all this remind anyone of the Communist Hunt a few decades back?

[17thfabn]

Evilahole, there were communists here intent on taking down our country. McCarthy went to far, but there were enemies within.

[Evilahole]

There are communists in our government right now, but you don't see anyone going after them.
Tho I would have been more on the mark to equate this to the Salem witch trials.
Many call those who believe that government "is out to get us" as nuts.
Why, then, is noone calling the government nuts when they can claim a citizen's "against the government" and hold them indefinitely without charges or trial?

[FN_Project90]

still its a witch hunt. I believe it was Popular Mechanics May issue I was reading, where a university had samples of Antrax that were not registered that the University was responsible for, but a young med. student was the scape goat and his professional life is basically screwed forever, this guy would have a hard time working at mcdonalds because of this patriot act. After his 8 year prison sentence and thousands of fines are taken care of he has relitively nothing to look forward too. This article brought many doctors and technicians forward to say that the new methods are just ridiculous.

[17thfabn]

It's not paranoid to think every one is out to get you, if every one is out to get you!

If their are really witches, what is wrong with a witch hunt?

You here Muslim immigrants calling for a jihad in America, and you say that is their free speech rights? You know the old saying, your freedom ends at the tip of my nose.

"The constitution is not a suicide pact!" U.S. Supreme Court Justice Jackson.