Immigration and Constitutional Rights

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Immigration and Constitutional Rights

• By Theresa Sidebotham

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(No Transcript)
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Introduction

• Freedom draws people to America economic
  freedom, religious freedom, and civil freedom.
  But which constitutional freedoms apply to
  immigrants and when do they apply?

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• This research project looks for resources on
  rights people have before they enter U.S. soil,
  rights they have as aliens with or without
  documentation, rights Lawful Permanent Residents
  may have, and whether those differ from the full
  rights of citizenship.

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• Current concerns are whether and to what extent
  terrorism and security issues affect the civil
  rights of aliens. Although regulating aliens has
  generally fallen to the legislative and executive
  branches, these recent concerns, particularly as
  related to hostile aliens, have stimulated
  response from the judiciary.

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Search Terms
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Search Terms

• Search Terms for databases without much
  information
• Immigrant
• Immigration
• Alien

• Search Terms for databases with broad information
• Immigrant
• Immigration
• Alien
• Constitution /p right
• Civil rights
• Due process

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• Databases

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Databases

• HOMELAND-ALL
• Homeland Security and Anti-Terrorism--Texts and
  Periodicals and Primary Law
• LRI-D
• Legal Resource Index
• WEST-FDADM
• West Federal Administrative Practice
• TEXTS
• Texts and Treatises

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Databases

• LEGNEWSL
• Legal Newsletter Multibase
• IM-PRACLIB
• Immigration Practice Library
• FIM-INA
• Immigration and Nationality Act
• FIM-BIAPRAC
• Federal Immigration--Board of Immigration Appeals
  Practice Manual

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Websites
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Websites

• U.S. Citizenship and Immigration Services
• http//uscis.gov/graphics/index.htm
• U.S. Citizenship and Immigration Services Forms
  and Fees
• http//uscis.gov/graphics/formsfee/forms/index.htm
  chart
• Department of State Immigration Resources
• www.state.gov

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Websites

• Immigration Forum and American Immigration
  Lawyers on the Web
• http//www.immigration-usa.com/lawyers.html
• Federation for American Immigration Reform
• http//www.fairus.org/
• Immigration Law Center on the Internet
• http//www.visaus.com/

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Website

• Federation for American Immigration Reform
• This is the most useful site for immigrants
  rights
• Yes, an alien, even an illegal alien, has
  criminal procedure rights.

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Conclusion

• Aliens who have not entered U.S. soil, or who
  are here illegally, have basic international
  human rights, but dont generally have rights
  under the Constitution, except for criminal
  procedure. Particularly, they do not have a
  right to be here. Security concerns have
  affected aliens rights in some ways, and this
  issue will continue to be debated.

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Conclusion

• Aliens rights progressively increase as they
  achieve lawful presence, and become Legal
  Permanent Residents, and finally, citizens. U.S.
  citizens rights are the same, no matter how the
  citizenship was derived.