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Posted on 07/24/2026 9:34:09 AM PDT by BFW
The U.S. Court of Appeals for the Fifth Circuit has ruled that illegal aliens do not have a constitutional right to be released from federal custody while their removal proceedings are pending.
The decision overturned a lower court ruling that had ordered bond hearings for three illegal immigrants held by U.S. Immigration and Customs Enforcement (ICE) and stayed those release orders while the case proceeds on appeal.
The opinion was led by Chief Judge Jennifer Elrod.
Elrod was appointed to the court by President George W. Bush.
DOJ Hails Decision
Assistant Attorney General Brett A. Shumate of the Department of Justice’s Civil Division said the ruling reinforces the federal government’s authority to detain illegal aliens during deportation proceedings.
In a statement, Shumate said:
“The Fifth Circuit’s extraordinary precedential order makes clear that illegal aliens do not have a constitutional right to roam free in the United States during their removal proceedings.”
He added that the decision establishes an important precedent that will guide similar cases in the future.
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Since when do illegal aliens have any Constitutional rights at all?
Except not to be shot on sight.
But illegals can sneak in, have a baby and that child has access to all benefits of an American citizen, that’s just wrong.
Better start building those detention centers!
Plyer v Doe (1982), illegal aliens have a right to a public education. Presumably, illegal aliens have Miranda rights. Supreme Court has never comprehensively addressed the question of what rights illegal aliens do or don’t have.
There are some, many even, that believe anyone who sets foot on U.S. soil has Constitutional rights. In the past, that may not have been problematic, but since the government in its infinite wisdom has seen fit to make so many things "rights", it has become a problem.
The Supreme Court has consistently interpreted the word “person” in the Fifth and Fourteenth Amendments to apply to everyone within the country’s borders, regardless of legal status.The primary constitutional rights afforded to undocumented immigrants include:
<><>Due Process (Fifth and Fourteenth Amendments): The government cannot arbitrarily detain, deport, or punish individuals without a hearing, notice of charges, and an opportunity to present a defense.
<><>Fourth Amendment: All individuals are protected against unreasonable searches and seizures. For example, federal immigration officials generally require a judicial warrant signed by a judge to enter a home.
<><>Fifth Amendment: Individuals have the right to remain silent to avoid self-incrimination in criminal matters.
However, these rights have recognized limitations. Because immigration violations are civil matters rather than criminal offenses, undocumented individuals are not guaranteed a jury trial, nor are they entitled to government-appointed counsel at taxpayer expense.
The extent of these protections can also vary depending on whether an individual is apprehended at the border (where rights are significantly limited) or is already established inside the country.
For a detailed breakdown of how these rights apply in different situations, review the American Immigration Council overview or the Immigration Legal Resource Center guidelines.
bfl
“Because immigration violations are civil matters rather than criminal offenses”
This is a meme the Left has been pushing for about 30 years now.
Illegal immigration is a crime under 8 USC 1325. The “civil” part of it is that the first offense may punishable only by a fine, not jail, and the jail part can’t exceed 6 months...therefore not a felony.
So they twisted that into being a “civil” matter, not criminal, which is simply a willful misinterpretation.
Since when do illegal aliens have any Constitutional rights at all?
Illegal aliens have every constitutional right: The right to speech, assembly, religion, carry arms, etc.
What illegals don’t necessarily have is the PRIVILEGE to be in the US. I was PRIVILEGED to be born in the US. Removing an illegal from the US is removing the PRIVILEGE. It should not touch the RIGHTS of the illegal. The more the illegal is held in a detention center, the more the debate becomes about RIGHTS and not PRIVILEGE.
I support illegals in the US who are hardworking, take care of their family.
Illegals, legals and naturalized citizens
1) Give aid and comfort to Terrorists, enemies of the US should have their PRIVILEGE removed.
2) Commit murder, rape...DUI, Drunk n Disorderly should have their PRIVILEGE removed.
3) Apply for welfare or benefits should have their PRIVILEGE removed.
5 SC justices say they have more rights than US citizens.
Neither do Space Aliens! :)
If they’re in the country illegally they’ve broken the law!
How is that hard to understand? If they’ve never made any attempt to “regularize” their status what sympathy I have is gone. If they’re receiving any social services they’re breaking the law again. They’re stealing from the taxpayer. If they have a fake ID or SS card they are breaking the law!
How many times do you want to allow them to break the law.
Yeah but they can still vote, right?
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