FIFTH AMENDMENT FOR IMMIGRANTS
Even though the Fifth Amendment itself does not contain any specific equal protection language, the INA must still protect equal protection principles previously afforded to continuous residents by rule of law, under the Constitution. Although aliens at the border are generally accorded few constitutional rights, “once an alien gains admission to our country and begins to develop the ties that go with permanent residence, his constitutional status changes accordingly.” Landon v. Plasencia, 459 U.S. 21, 32 (1982). In this respect, “a continuously present resident alien is entitled to a fair hearing when threatened with deportation,” id., regardless of whether that alien is present illegally, see, e.g., Leng May Ma v. Barber, 357 U.S. 185, 187 (1958); Augustin v. Sava, 735 F.2d 32, 36 (2d Cir. 1984). Likewise, a continuously present alien is entitled to equal protection of the laws, see Yick Wo v. Hopkins, 118 U.S. 356, 369 (1886); Francis v. INS, 532 F.2d 268, 272 (2d Cir. 1976), even if the entry was unlawful, see Plyler v. Doe, 457 U.S. 202, 211-17 (1982).