Illegal Aliens

Do illegal aliens have rights under our 14th Amendment? Here’s what that Amendment says on the matter:

No State shall…deny to any person within its jurisdiction the equal protection of the laws.

The question hinges on “jurisdiction.” In that sense, some illegal aliens do have rights under our 14th Amendment: those who enter illegally but then submit to arrest and handling in accordance with our laws. They’re still eligible for deportation over their illegal entry, and they should be, but the decision to deport must follow due process.

On the other hand, those illegal aliens who evade arrest, whether as gotaways or as having successfully penetrated our border without detection, I submit have no rights under our 14th Amendment. These folks, by their evasion of arrest, have consciously and deliberately held themselves outside of our laws, and thereby held themselves outside of our, or any State’s, jurisdiction. They should be deported immediately upon being caught—no due process required, they do not need to pass Go, they need to go directly to the other side of our borders.

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