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Technology Stocks : Qualcomm Incorporated (QCOM)
QCOM 170.65+1.5%3:59 PM EST
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To: saukriver who wrote (109912)12/27/2001 11:59:59 AM
From: Kayaker  Read Replies (2) of 152472
 
OT Correct that Plyer exists...until the SC...so severely distinguishes it or overrules it:

Plyer v Doe is a narrow issue (denial of public education services to illegal immigrant children). It may or may not be overturned, but that was not my focus. I was pointing to the fact that aliens are guaranteed due process of law by the Fifth and Fourteenth Amendments (more below). That isn't going to change any time soon. Aliens also have some 4th amendment protection against unreasonable searches and seizures.

I live in the country most often visited by Americans. Lots of aliens up here in the summer months. Tens (if not hundreds) of thousands of them own vacation property or 2nd homes here. Do you really want to deny aliens "due process of law" and "protection against unreasonable searches and seizures"?

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Why does a non-citizen who is detained or about to be deported have any constitutional rights to due process of law?

Because the Constitution and the Supreme Court say so. Both the Fifth and the Fourteenth amendments to the Constitution say that “no person” — not just American citizens — can be deprived of “life, liberty, or property without due process of law.”

In a long line of decisions going back to 1896, the Supreme Court has held that even though foreigners are not entitled to the full range of constitutional rights that citizens enjoy, they are granted some protections under the due-process clause of the Fifth Amendment.

msnbc.com
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