- Mar 23, 2010
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Finally, you wrote something that's worth discussing. If you are simply here illegally then you have overstayed your visa. The number of people that overstay visas is greater than the number entering the country illegally. Yet it gets very little attention from the media.Wow. That's exactly the same argument, liberal make so often in defending the "the living constitution" when conservatives drag out the federalist papers and quotes of Jefferson or Madison.Link?
It's not in the Constitution. The Constitution is "We the People," not "We the People and anyone who legally or illegally resides on our territory." Game, set and match.
As for the idiocy of what you're arguing, name another country that grants the rights of citizens to foreigners, much less ones there illegally ...
That's your opinion and a lot of people share it. However the US Supreme Court does not. The Court settled the issue well over a century ago. But even before the court laid the issue to rest, a principal author of the Constitution, James Madison, the fourth president of the United States, wrote: "that as they [aliens], owe, on the one hand, a temporary obedience, they are entitled, in return, to their [constitutional] protection and advantage."
Yes, illegal aliens have constitutional rights
And if Madison was alive today to see what's going on, do you really believe he would continue to hold that opinion?
I think if Madison was alive today, I certainly think he would agree that anyone charged with a crime regardless who they are should have constitutional rights. Without constitution rights there would be no guaranteed of a fair trial or hearing. The defendant could be denied legal council or a jury trial. Without the protection of the 5th amendment the person could be tried in absentia, never given the charges or the right to defend himself.
If you're here illegally, there is nothing to defend. You haven't passed Go
Overstaying a visa is a civil violation that carries no jail time or fines, only deportation which is referred to as an adjustment in immigration status, not a penalty. The offense is adjudicated in immigration court, a civil court. In reality, the only defense is mitigating circumstances which there are many that may result in delays in deportation and often voluntary removal with no barring of re-enter.
If you really support tougher laws against illegal immigration, then tracking visa holders needs to change. There is no real tracking system for visa holders and work permits. They are told to keep immigration informed of changes of address. However, half do not, probably because there is no penalty for not doing so. What needs to happen is there should be a penalty for not keeping immigration informed of current addresses and there needs to be a tracking system developed.
Overstaying visas is as much of a problem as illegal entry because those that enter the country illegally are very likely to leave within a year or so. However, people that overstay visas often become permanent undocumented residents.