Do the terrorists in the US illegally have the same protections given to people here legally?
My point is, if someone is here illegally, do they have the right to privacy? Can they be wire tapped without having the right to sue the government or any law enforcement like a citizen of the US would have? Do they have the right to be represented by an attorney, etc.
Answers:
Everyone, no matter what purpose they're here for, are entitled to (most) Constitutional rights.
I doubt an enemy of the state would be given rights.
If you are here illegally, you are not a citizen, and should not have the same rights as a citizen.
The answer is maybe.
Good Luck!
If Schmuck Schummer had anything to do with it, yes.
No, he would legally be considered a suspect in a crime, and if spotted, taken into custody.
If you look at how the illegals are being treated...they have MORE rights than citizens.
Do you think that any citizen could do something illegal and have legislation stating that law enforcement can't even ask about what they have done?
No, if they are designated to be an enemy combatant, then they can be shipped to Guantanamo Bay and held until the war is over, which could be hundreds of years from now!
I would consider them to be the same as enemy soldiers who have sneaked into our country to commit sabotage. In the past, in WW11, we tried the saboteurs and quickly executed them. We should do the same to illegal alien terrorists!
Illegals do not fall under the same provisions as American Citizens to. That is a privilege for people who have earned the right.
As far as 1st, 4th, 5th, 6th and 8th Amendment protections -- yes, they do.
The Supreme Court has repeatedly affirmed that, the most recent being in 2006 (Hamdan v. Rumsfeld).
That's because those protections refer to "person" or "accused" and do not distinguish based on citizenship.
The Supreme Court has repeatedly affirmed this.
Many people will be unhappy with me actually stating what the law is, because they wish it was legal to just drop these people in a hole based solely on accusations or based solely on their race or religion. IT IS NOT.
The short answer is YES they have the same protections as people here legally..
That is why the people in Quantamino are not being transferred to US soil.. if they get her they have legal rights..
The constitution doesn't differentiate between citizens and non citizens, legal vs illegal aliens. If someone is arrested as a terrorist suspect they have the right to a trial and to an attorney and that's the way it should be. The alternative would be the government arresting people for terrorism and holding them indefinitely, without a trial. On some level that may be OK if the government is right. But what if they're wrong?
If they are foreign they have less rights than citizens. Their being illegally here may well give more cause for wiretapping, since they haven't been 'cleared'.
The Patriot Act goes too far and says if they are considered by the government to be a terrorist suspect, they don't even get habeus corpus, so no, I guess you can say they don't have the same protections.
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map isn't correct. In a criminal trial there is a due process requirement, but it differs as I recall.
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