Take a few moments to read it...
And though we will touch on 9/11
issues, I don’t want us to be restricted just to those issues. So let me just introduce a few
of the kinds of issues one might think about when thinking about the rights of noncitizens.
In equal protection terms, in 1996 Congress adopted legislation that terminated welfare
benefits, most means-tested federal benefits for immigrants, even for immigrants,
permanent resident aliens, lawfully in the country, currently on the welfare rolls where
their eligibility was terminated. Laws like that were upheld by the courts with a very low
level of scrutiny applied under equal protection. The question is why? Why do we allow
those kinds of discriminations between citizens, at least lawful permanent resident aliens,
to be judged by such a low standard of review?
In due process terms immigrants are afforded some rights under statutes by Congress, but
the courts have given Congress great leeway in structuring the procedures for the
admission and removal of immigrants. Immigrants are not entitled, as a matter of
constitutional law, to counsel in immigration proceedings. The Fourth Amendment
doesn’t apply. Judicial review is severely restricted for certain classes of immigrants.
Restrictions on the right of habeas corpus have been adopted and upheld. What do we
think of these situations?
Voting rights, that may seem strange to you to think about how can we be talking about
voting rights for immigrants, for non-citizens, but in many countries around the world,
non-citizens have been enfranchised, at least in local elections.
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