Do Illegal Aliens Have US Constitutional Rights?

by John Bernard, ©2025

(Jul. 9, 2025) — The Deconstructionist’s insistence that the 14th Amendment extends to those whose first act here was to breach the border illegally effectively nullifies any argument for a border, much less border security. It is interesting that they fight to extend to and even force upon Illegal Aliens our Constitution’s Rights except for the Second Amendment. 

The following is Sect. 1 of the 14th:

“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; 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 laws.”

The first sentence clearly states who is protected and they are Citizens. That sentence acts as a predicate for everything that follows.

If a person who breached the Border deserves the Right to plead their case before the Court, i.e., they had a Right to breach the Border (apparently), a successful outcome would logically set a precedent by which every following contest would use that precedent as evidence of their innocence and Right to remain, and if not, then what exactly is the point other than affording the Deconstructionists a tool to gum up the system?

Rhetorical.

This continuing ludicrousness, to wit: frivolously assigning some Constitutional Rights while denying others to Illegal Aliens belies their actual intent which is not that of a human rights effort but rather for gaining maintaining power and control through subterfuge,  confusion, anarchy and emotion.

The following definitions are not politically Left, Right, American or Constitutional – they are Universal and Timeless:

1. Immigration is a Legal process.
2. Immigrant is a Legal status
3. An Alien is a person, not a Citizen
4. An Illegal Alien is a person residing without permission
5. NO ONE has a right to breach any border to any Nation upon the Earth to which they are neither a Citizen nor been given expressed permission to do so. Any of us would be classified as Illegal Aliens if we did. In some places you would be shot on sight.

Logically, while the Principles underpinning the Founders’ belief that Rights are Universal and were/are naturally occurring and appendages of the individual, the Constitution they penned was/is guidance establishing the responsibilities and limits of government here in the United States and not the entire world. As such, the Rights identified, enshrined and protected by the “U.S. Constitution,” which harkens to an established, timeless, universal philosophy, applies only to the Citizenry and Lawfully invited Guests to these shores and does not extend to those who should not have been here to begin with.

Analogy: someone breaks into a school, courthouse, mall, store, business or your home; what happens first is a uniformed Law Enforcement Officer removes the illegal entrant from the property. THEN they are charged and tried for a variety of crimes.

They ARE NOT judged for their Right to continue their uninvited residency in the property they breached, nor would the rightful owners tolerate it.

Additionally, IF the Constitution’s intent is to protect the Rights of all 8 billion people upon the Earth, are we not all in violation of our assumed Constitutional responsibility to safeguard those 8 billion and their Rights, by force if necessary?

Again, rhetorical.

The point being, the 14th logically does not apply to those who were never allowed to cross the border (our metaphorical back door), to begin with. If it does, aren’t Border Patrol, a Wall, Surveillance vehicles, etc. not already in a major breach of Constitutional protection by interfering with the free passage of anyone and everyone to move freely across the border?

And if so…what of the presumed sovereignty and Sanctity of your home?

One more time, rhetorical.

SF

John Bernard