Questing for Atlantis

Jeff Werner is one of the particularly loud voices agitating for greater action against illegal immigrants. And, unsurprisingly, a lot of the statements he makes reflect a fundamental lack of understanding of the issue.

Take this one for example;

Remember, Illegal Aliens have no rights, they are breaking the Laws.  If they don’t like it, they can leave on their own terms without being arrested.  We feel no shame or pity for the families being broken up, they have brought this on themselves. By the way, what due process do Illegal Immigrants have?  What rights do they have?

Hate to break it to you Jeff, but they actually do have rights. Let me refer you to the words of President Madison;

Again, it is said, that aliens not being parties to the Constitution, the rights and privileges which it secures cannot be at all claimed by them.

To this reasoning, also, it might be answered, that although aliens are not parties to the Constitution, it does not follow that the Constitution has vested in Congress an absolute power over them. The parties to the Constitution may have granted, or retained, or modified the power over aliens, without regard to that particular consideration.

But a more direct reply is, that it does not follow, because aliens are not parties to the Constitution, as citizens are parties to it, that whilst they actually conform to it, they have no right to its protection. Aliens are not more parties to the laws, than they are parties to the Constitution; yet, it will not be disputed, that as they owe, on one hand, a temporary obedience, they are entitled in return to their protection and advantage.

If aliens had no rights under the Constitution, they might not only be banished, but even capitally punished, without a jury or the other incidents to a fair trial. But so far has a contrary principle been carried, in every part of the United States, that except on charges of treason, an alien has, besides all the common privileges, the special one of being tried by a jury, of which one-half may be also aliens.

And to add to that, courtesy of Eugene Volokh (also the source of the Madison quotation):

The Supreme Court has endorsed Madison’s view at least since Wong Wing v. U.S. (1896) as to the criminal procedure provisions, and in Yick Wo v. Hopkins (1886) (also unanimously) as to the Equal Protection Clause racial equality principle. Aliens might be deportable for their speech (see here for more on that question), but they can’t be otherwise punished for it, nor can they be criminally prosecuted in the civil justice system without the normal constitutional protections.

So yeah, immigrants, even illegal ones do have rights. And those rights include Due Process. Sorry to break it to you.

In all seriousness though, people like Jeff Werner are an embarrassment and an albatross hanging on the neck of the Right. I really hope conservatives figure out soon that they need to give up on the immigrant hate, stop trying for enforcement of current law (a logistical impossibility), and embrace reforms of our Byzantine immigration law that make it easier to come legally.