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What do you think of the Trump administration ignoring the Fifth Amendment when it comes to immigrants?

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Roadsterrider · 56-60, M
If someone is in the country illegally, they are subject to deportation. That is the process. That is due process. The alternative would be to have a trial for every illegal alien, bottle necking the already bottlenecked court system for years. There is a process for immigration, are you talking about immigrants, those who have legally immigrated and became citizens? Or are you talking about those who have immigrated illegally into the country?
@Roadsterrider The question should be, "what process is 'due'"?

There's room for different definitions under different circumstances.
@MistyCee

" ... nor be deprived of life, liberty, or property, without due process of law..."

Deporting an illegal resident doesn't deprive them of life, liberty or property. They are free to enjoy all of the above, but not within the US where they don't have legal status. If an illegal resident is prosecuted for a crime he/she would then be afforded the due process.
@Heartlander Cute, but when you snatch them to deport them, you're denying them liberty.

You mignt get somewhere with that for voluntary deportations, but not for anyone taken involuntarily, detained, etc.
@OriginalNedKelly says
ILLEGAL migrants have NO RIGHTS at all
DEAD WRONG !!!

The US Constitution says
... nor shall any State deprive any person of life, liberty, or property, without due process of law ...

Any person dude, that means every human being in the US gets due process including criminals, "illegal aliens" etc etc.

Need to see what SCOTUS has ruled??
Shaughnessy v. United States ex rel. Mezei, 345 U.S. 206, 212 (1953); see also Mathews v. Diaz, 426 U.S. 67, 77 (1976) ("There are literally millions of aliens within the jurisdiction of the United States. The Fifth Amendment, as well as the Fourteenth Amendment, protects every one of these persons from deprivation of life, liberty, or property without due process of law."); Plyler v. Doe, 457 U.S. 202, 215 (1982) (holding that unlawfully present aliens were entitled to both due process and equal protection under the Fourteenth Amendment).

Here's a bit more from Mathews v. Diaz 1976 including citations of prior rulings.
There are literally millions of aliens within the jurisdiction of the United States. The Fifth Amendment, as well as the Fourteenth Amendment, protects every one of these persons from deprivation of life, liberty, or property without due process of law. Wong Yang Sung v. McGrath, 339 U. S. 33, 339 U. S. 48-51; Wong Wing v. United States, 163 U. S. 228, 163 U. S. 238; see Russian Fleet v. United States, 282 U. S. 481, 282 U. S. 489. Even one whose presence in this country is unlawful, involuntary, or transitory is entitled to that constitutional protection. Wong Yang Sung, supra; Wong Wing, supra.

Even one whose presence in this country is unlawful, involuntary, or transitory is entitled to that constitutional protection.

Thank you, SCOTUS for being clear, unambiguous, and leaving zero wiggle room.
Platinum · M
Why have laws, i cant go into another country without a passport .....no one should...
@Platinum True. But pretending what is happening in the US is about illegal immigration is just deliberately dishonest.


And again. refugees are LEGAL immigrants.
Platinum · M
@PicturesOfABetterTomorrow the question was about immigrants not refugees
@Platinum Refugees are a category of immigrant. Pretending they are separate is again dishonest.
acpguy · C
Looks good to me. Only liberals / socialists do not like it and especially the those that are politicians.Trump is doing what is the best for all the true American people and the country.
I'm appalled by it, but not really surprised.

The Trump Administration follows the law when the law "supports Trump's agenda" and ignores or defies it when it doesn't.
carpediem · 61-69, M
@MistyCee You can't name any because he hasn't broken any laws regarding this situation. The hollow claims you make are just that, hollow, without merit and are now just BS leftist talking points. Newsflash...no one is listening any longer. The lies are no longer accepted as fact within the ranks of normal free thinking people. They are of course accepted as gospel truth only within the ranks of the looney left.
@carpediem This situation, as in ignoring the 14th Amendment when it comes to immigrants?

OP just gave you a page full of cites indicating that "persons", including aliens, are entitled to due process under the 14th Amendment.


Of course, those might all have been "loony left" judges over the past two centuries, and they may not have correctly interpreted the plain text so as to allow for Herr Trump's absolute executive supremacy.

It is quite possible that, out of fear, greed, or other motivation, six Justices will decide that the 14th Amendment doesn't mean what it says, or that it says something other than what we've thought it meant since it was written.

And if it does, maybe Trump didn't break any laws. Or maybe, they'll finally come out and say, "if the President does it, it can't be illegal."

Until then, though, I'm sticking with the "radical left" concept that the Constitution guarantees due process to all persons, and not just MAGA followers.
carpediem · 61-69, M
@MistyCee
Constitution guarantees due process to all persons,
Not when the Alien Enemies Act is invoked as it is for certain illegals. Maybe you forgot about that.

Also If a judge issues a final order of removal, ICE is responsible for executing the deportation. Many of the current deportees have been issued orders already. Capturing illegals and sending them to a processing center is also valid (Alligator Alcatraz). But you are correct, judges have made the horrid acts of open borders very difficult. This is the EXACT reason to NEVER elect another democrat into the presidency. Thanks for making that so clear. They don't follow the immigration laws.

Also, your referral to Trump as Hitler did not go unnoticed
Herr Trump's
. The rhetoric from you lefties is terrible.
4meAndyou · F
"The Fifth Amendment creates a number of rights relevant to both criminal and civil legal proceedings. In criminal cases, the Fifth Amendment guarantees the right to a grand jury, forbids “double jeopardy,” and protects against self-incrimination. It also requires that “due process of law” be part of any proceeding that denies a citizen “life, liberty or property” and requires the government to compensate citizens when it takes private property for public use."
Adstar · 56-60, M
All the rights delivered in the US constitution where and provided for the citizens of the USA.. Illegal immigrants within the borders of the USA are NOT citizens of the USA.. Therefore the rights provided by the US constitution do not apply to them..
HootyTheNightOwl · 41-45
If they'll ignore their rights now... they'll have no problem with ignoring yours when the time comes - just like all governments.
Iwillwait · M
The immigration process: The right to remain silent is not applicable to a non citizen person.
@Iwillwait how does work during the hearing to determine whether or not someone is a citizen? I think the constitution explicitly says person rather than citizen because you can't make the differentiation before the end of such cases.
The question is poorly written

Define immigrants - illegal or now American citizens

ILLEGAL migrants have NO RIGHTS at all
@OriginalNedKelly Here's a bit from SCOTUS' ruling on Mathews v. Diaz 1976 including citations of prior rulings.
There are literally millions of aliens within the jurisdiction of the United States. The Fifth Amendment, as well as the Fourteenth Amendment, protects every one of these persons from deprivation of life, liberty, or property without due process of law. Wong Yang Sung v. McGrath, 339 U. S. 33, 339 U. S. 48-51; Wong Wing v. United States, 163 U. S. 228, 163 U. S. 238; see Russian Fleet v. United States, 282 U. S. 481, 282 U. S. 489. Even one whose presence in this country is unlawful, involuntary, or transitory is entitled to that constitutional protection. Wong Yang Sung, supra; Wong Wing, supra.

Even one whose presence in this country is unlawful, involuntary, or transitory is entitled to that constitutional protection.

Thank you, SCOTUS for being clear, unambiguous, and leaving zero wiggle room.
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Tracos · 51-55, M
Laws are pick and choose aren't they?
Illegals get consituational right now?
BorealPedant · 41-45, M
@TheOneyouwerewarnedabout Always have that's how it works anywhere with constitutions. Not like your right to a fair trial vanishes if you stay a day over on a visa.
@BorealPedant get off the crack son..
I’m Australian and I know your constitution better..
Your prestigious education system is a failure
BorealPedant · 41-45, M
@TheOneyouwerewarnedabout Dunno what to tell you that's just how laws work. They apply to everyone unless it says otherwise.
carpediem · 61-69, M
They do not ignore the 5th amendment with regard to immigrants. Are you speaking of illegals Robot? I thought so..... 🙄

The "robot" is a lying hack.
AbbeyRhode · F
The rights guaranteed by our Constitution apply to American CITIZENS, not foreign invaders. We owe them NOTHING. They are "entitled" to NOTHING.
HoeBag · 46-50, F
Trump is lawless. ANY sort of law, amendment, etc, he will try to ignore if it gets in the way of his agenda.

Some people talk about the law. Okay, where the h3ll was "the law" when tRump was facing criminal charges?
When it comes to their scapegoat groups they ignore the law entirely.
swirlie · 31-35
What Amendments? There are no so-called "Amendments" under an Authoritarian Dictatorship. The US Constitution no longer exists in principle and Americans have to learn to get their heads around that fact.

Hitler did the same thing back in 1933 involving Mussolini and so what America is experiencing is simply history repeating itself, but Americans learned absolutely nothing from the original story which only ended 80 years ago, ffs's!
swirlie · 31-35
A more relevant question would have been to ask, "What do you think about Americans not pushing back against the Trump Administration for hijacking the US Constitution and for turning the US military onto US citizens?".

How did all that become totally okay with Americans?
BorealPedant · 41-45, M
Hell these folks are probably gonna violate the third amendment at this rate and I'm not even kidding.
HoeBag · 46-50, F
@BorealPedant I would not put it past them.

Most people do not even know what that one is. I looked that up some time ago and thought, "Was that ever actually a problem?" Maybe it happened in Britain.

For everyone else -

The Third Amendment prohibits the forced quartering of soldiers in private homes, stating that no soldier shall be housed in a house without the owner's consent in peacetime, nor in wartime except as prescribed by law.
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kodiac · 22-25, M
@swirlie Yes they are criminals. If you break any law you are a criminal.
swirlie · 31-35
@kodiac
No, they are not criminals. Being in the USA illegally is not a criminal act according to the US Constitution, which is a document you should take the time to read some day.
kodiac · 22-25, M
@swirlie Illegal Entry”/8 U.S.C. § 1325 makes it a crime to unlawfully enter the United States. It applies to people who do not enter with proper inspection at a port of entry, such as those who enter between ports of entry, avoid examination or inspection, or who make false statements while entering or attempting to enter. A first offense is a misdemeanor punishable by a fine, up to six months in prison, or both.
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Ferise1 · 46-50, M
What’s the fifth?
HoeBag · 46-50, F
@Ferise1 More technically, it is the 5th amendment to the American constitution.

There are a few elements to it, of course Elwood mentioned the part that is relevant here.
Ferise1 · 46-50, M
@HoeBag yes I know it was 5th amendment to the American constitution.🙄 I want to know what it is
HoeBag · 46-50, F
@Ferise1 There is this new thing called "google" one can use to get an idea.
But in case you do not know what google is, I went ahead and did some research, it took 10 seconds, and came up with this -

The Fifth Amendment protects individuals from being deprived of "life, liberty, or property, without due process of law" and includes several other rights in criminal and civil proceedings, including the right to a grand jury indictment, protection from double jeopardy, the right against self-incrimination (the right to remain silent, often called "pleading the Fifth"), and the requirement for the government to provide "just compensation" when taking private property for public use (the Takings Clause).

 
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