A New Look at the Federal Suit Against Arizona’s Immigration Law
Vince –
While I agree with the general tenor of your comment, I strongly take issue when you say that: “No, we can’t deport ‘em all, and do so in compliance with due process, habeus corpus and all other civil rights.”
1. “Due process” is NOT a one-size-fits-all concept. The nature and the extent of process that is “due” in one circumstance is not identical to the nature and the extent of process that is “due” in every other circumstance. Basic procedural due process just involves the elements of having notice and an opportunity to be heard. Illegal aliens are on notice that they are violating the law and a minimal hearing is all they are entitled to before we “deport ‘em all”. Substantive due process on the other hand is a squishy concept that is disfavored in law because it lacks sufficient standards to be applied objectively — consequently, its use is justifiably limited.
2. “Habeas corpus” applies to wrongfully HOLDING somebody. Deporting illegals doesn’t aim to hold them, it aims to EXPEL them from a place where they have no right to be.
3. Illegal aliens DO NOT HAVE “all other civil rights” — they ONLY have the minimum civil rights of a “Person” under the 14th Amendment, which provision ALSO excludes them from enjoying all the “privileges and immunities of citizens of the United States”.
Citizens have the civil right to virtually unrestricted travel within the United States and to do so largely (but not entirely) without documentation. Illegal aliens are neither privileged Constitutionally to enjoy that same civil right nor others thay citizens enjoy.
