The ideals of freedom, economic opportunity and a better lifestyle than in their native country bring millions to our borders. Some, who the Ole Seagull refers to as “legal immigrants,” pass through those borders in compliance with our laws. Others, whom the Ole Seagull refers to as “illegal aliens,” do not. Many view the ability to control the borders and decide who can enter and stay, including the Ole Seagull and, evidently, most voters in the 2024 Presidential Election, as a critical aspect of national sovereignty and security.
In an Ole Seagull’s opinion, the best way to control illegal aliens and their potential impact is by preventing their entry into the United States. “But Seagull, won’t President Trump’s mass deportation policy take care of the problem?” “Perhaps, but stopping them from entering the country initially is more effective than deporting them later and here’s why.”
Two principles, Republican Government and the rule of law, form the foundation for the government of the United States. A cornerstone of that foundation is the Guarantee Clause, Article IV, Section 4 of the Constitution, which states, “The United States shall guarantee to every State in this Union a Republican Form of Government...” and the rule of law inherent to that form of government.
How does this impact immigration and the treatment of illegal aliens within U.S. borders? As a matter of fact and law, illegal aliens are “persons” or “people.” The Constitution, through the Bill of Rights and its application to the individual states starting with the 1925 U.S. Supreme Court case of Gitlow v. New York, grants rights that apply to all people, including illegal aliens.
Here’s a summary of those rights and what they mean:
First Amendment: The rights to freedom of speech, religion, assembly and petition the government for redress of grievances apply to every person, not just American citizens. This means that illegal aliens can attend religious services, take part in protests, etc.
Fourth Amendment: This protects against unreasonable searches and seizures by the government. It applies to all people within the country, including illegal aliens. This means that immigration enforcement (such as ICE agents) must have a warrant or probable cause to conduct a raid or search homes.
Fifth Amendment: The Fifth Amendment guarantees the right to due process of law. The government cannot deprive any person of “life, liberty, or property, without due process of law.” This protection applies to all individuals within the U.S., regardless of their legal status. It ensures that illegal aliens have the right to a fair process in deportation proceedings and other legal matters.
The Sixth Amendment: The Sixth Amendment guarantees a fair and speedy trial for illegal aliens accused of a crime. It ensures that the trial is public and conducted by an impartial jury.
Fourteenth Amendment: This amendment reinforces the due process clause and includes the Equal Protection Clause, which requires each state to provide equal protection under the law to all people within its jurisdiction. This means states cannot discriminate against illegal aliens by applying laws and regulations.
An Ole Seagull’s not the brightest bulb on the Christmas tree, but to him, keeping people outside our borders, by whatever means necessary, until they can enter legally is a “No brainer.” “Seagull, any ideas on how we can make that happen?” “Absolutely and, for what it matters and all the good it will do, will share it in the first column after Thanksgiving.”
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