Take a few moments to read it...
In fact the
constitutional rights that we enjoy on a daily basis are enjoyed by all immigrants,
including undocumented immigrants, at least in terms of the criminal process, or
someone who’s arrested and put before…in a criminal proceeding, they have the right,
Fourth Amendment rights, Sixth Amendment rights, Fifth Amendment rights, that we are
used to in criminal proceedings. What’s been carved out, are rights in the immigration
process. So it’s wrong to say that immigrants have no rights.
But, it’s correct to say that they certainly have fewer rights, and that their condition
remains always precarious. Because even if Congress, even if an immigrant has a First
Amendment right to speak, the Court seems to say that they can be deported for that
speech, so they couldn’t be put in jail under our First Amendment, but there may not be a
First Amendment limit on the rights of deportation. So the exercise of constitutional
rights may well be burdened through the immigration process. It’s an interesting tangle of
rights.
To help us through these issues, we’ve got a great panel sitting in front of you. Let me
briefly introduce them to you. I think you’ve got some of this material in your packet, and
then we’ll turn things over to them. Sitting to my immediate left, Judge Raymond Fisher
from the U.S. Court of Appeals for the Ninth Circuit.
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