I just saw a blurb on C-span that said that Justice Scalia said in a speech that the Constitution gives NO RIGHTS to detainees...
I am thinking that then he would have to say that ILLEGALS have no Constitutional rights as well, right?
Justice Scalia Announces Opposition to Trials in Civil Courts for Alien Military Detainees
Supreme Court: Detainees' Rights - Scalia Speaks His Mind
Scalia's position regarding military detention and absence of access to Article III courts depends on 1) the citizenship of the detainee (see Hamdi case) and 2) the circumstances surrounding taking the detainee into custody. In other words, it's not an "all detainee" principle.
I am thinking that then he would have to say that ILLEGALS have no Constitutional rights as well, right?
I never researched that. My guess is that he would NOT hold that no aspect of the Constitution applies to illegal immigrants. Fourth and fifth amendments, for example.
Well, I don't think so. They have (at the least) the Constitutional/legal right to due process.
It's too bad that they weren't stopped at the border in the first place. If Bush had clamped down on that border after 9/11 we could've stopped 5 years worth of illegals from getting here.