...we see no principled way to carve out the Second Amendment and say that the unauthorized (or maybe all noncitizens) are excluded. No language in the Amendment supports such a conclusion, nor, as we have said, does a broader consideration of the Bill of Rights. In other words, the entire Bill of Rights applies to illegals.
It is hard to dispute some of this because we grant illegals a trial by their peers, search & seizure rights, etc.
This is where Donald Trump has missed a huge opportunity. A plan to deport 12+ million illegal aliens is both impractical and unpopular. But a great first step would be to take legal proceedings involving illegal aliens out of civilian courts. That illegal alien in the infamous San Francisco murder case, for example, shouldn't be charged as a "criminal" at all. He is not a criminal. He is an
invader, and his case should be adjudicated through a military tribunal.
The same goes with civil courts. An illegal alien by definition should have no standing to file a lawsuit in a civil court except for limited circumstances involving legal proceedings related to his or her immigration process.
If Donald Trump were to stand up tomorrow and suggest these measures, his popularity would go through the roof and his GOP opponents would have to either step up to the table and match his ideas, or drop out of the race.