Wayne - I am still looking forward to your answer re: What is your opinion? Is this Trump's fault? Or is this a government program run amok, independent of Trump? Or is it an agency doing its job?
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Originally Posted by detbuch
The Fifth Amendment stipulates some exceptions, including matters of public danger which surely arises with a massive influx of illegal aliens. And the Amendment specifically applies to capital or otherwise infamous crimes. It doesn't apply to misdemeanors.
The Fourteenth Amendment applies to born or naturalized citizens or to "any person within its jurisdiction". Illegal aliens would be under the jurisdiction of their home country, the country to which they are citizens. Not being under the jurisdiction of the U.S, except as illegally being here "equal protection of the laws" would not fully apply to them. They do not have equal access to our system. Nor do they have superior privileges to actual citizens. If citizens can be separated from their children when being detained, certainly illegal aliens can.
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The Fourteenth does apply most standards to illegal aliens. While they do not get all rights they do get equal protection. But you are correct, they should not get superior protection.