Home

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).

Advertisements

One thought on “REARDON LAW GROUP LLC

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s