The United States of America is governed by the U.S. Constitution, which serves as the supreme law of the land. All laws, regulations, and government actions must align with the Constitution; otherwise, they are subject to challenge and may be struck down as unconstitutional.
A contentious legal and political issue arises when considering the rights of individuals who enter the country illegally. Does someone who is undocumented have the right to due process under the Constitution?
The answer is yes. Even individuals who enter the United States without authorization are entitled to certain constitutional protections, including the right to due process. The Fifth and Fourteenth Amendments to the U.S. Constitution guarantee that no person shall be “deprived of life, liberty, or property without due process of law.”
Notably, the Constitution uses the word “person” rather than “citizen” in these amendments. This distinction is critical, as it extends constitutional protections to all people within the territory of the United States—regardless of their immigration status.
This principle has been affirmed by the U.S. Supreme Court. In Zadvydas v. Davis (2001), the Court ruled that non-citizens, including those unlawfully present in the United States, are protected by the Due Process Clause. Similarly, in Plyler v. Doe (1982), the Court held that undocumented children could not be denied access to public education because they are still “persons” under the Constitution.
So, in the case of Abrgeo Garcia (or any other undocumented individual), U.S. law affirms that due process must be respected. The legal process may ultimately lead to removal or deportation, but the individual must be given a fair hearing and opportunity to present their case.
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