Good grief... you're the embodiment of ignorance.<quoted text>If the Federal government fails to stop the flow of illegal aliens, then it becomes the responsibility of each state to assist.
Illegal aliens by definition haven't any rights for due process under the Constitution, since they have violated all treaties that the US and their country of origin have agreed on.
Each State can detain and deport all illegal aliens without due process, it is the inherant right of each state to protect its citizens.
False Claim: Undocumented immigrants have no legal rights.
Truth: Undocumented immigrants DO have legal rights under the U.S. Constitution, as well as many federal statutes. As far back as 1896, the U.S. Supreme Court ruled that:
Wong Wing v. U.S., 163 U.S. 228 (1896) The 14th Amendment to the Constitution is not confined to the protection of citizens.
Detention or temporary confinement, as part of the means necessary to give effect to the exclusion or expulsion of Chinese aliens is valid.
The United States can forbid aliens from coming within their borders, and expel them from their territory, and can devolve the power and duty of identifying and arresting such persons upon executive or subordinate officials, but when Congress sees fit to further promote such a policy by subjecting the persons of such aliens to infamous punishment at hard labor, or by confiscating their property, such legislation, to be valid, must provide for a judicial trial to establish the guilt of the accused.
"The fourteenth amendment to the constitution is not confined to the protection of citizens. It says:'Nor shall any state deprive any person of life, liberty or property without due process of law; nor deny to any person within its jurisdiction the equal protection of the law.' These provisions are universal in their application to all persons within the territorial jurisdiction, without regard to any differences of race, of color, or nationality; and the equal protection of the laws is a pledge of the protection of equal laws."
All persons in the U.S., therefore, have constitutional rights. Among these are the right to equal protection of the law and the right to due process.
Also, undocumented persons have a constitutional right under the Fourth Amendment to deny any officer from entering their residence without consent, absent a search warrant.
Further, ALL CHILDREN, regardless of their immigration status, are entitled to free public education, as required under the Equal Protection Clause of the Fourteenth Amendment. Plyer v. Doe 457 U.S. 202 (1982)
Additionally, under federal law publicly funded hospitals must provide emergency medical services to all patients, regardless of their immigration status. Emergency Medical Treatment and Active Labor Act of 1986 (EMTALA)
Moreover, under federal law, a person may recover money damages for loss of property, personal injury or death where damages occurred as a result of the "negligent or wrongful act or omission of any employee of the Government while acting within the scope of his office or employment, under circumstances where the United States, if a private person, would be liable to the claimant in accordance with the law of the place where the act or omission occurred."
These are just a few of the rights that our constitution and federal laws grant to all persons living in the U.S. These rights are intended to protect all U.S. residents from discrimination and arbitrary government action. These rights are especially critical in times where hatred based on race, color, and national origin is on the rise.