About the recent protests here in Arizona on immigration policy, Pearce said, “They’re illegal and they have no right to be marching down our streets. They have no constitutional rights. They don’t have First-, Fourth-, Sixth amendment rights. They’re here illegally and they chose to be here illegally.”
So you
did fail to produce any evidence to back up your claim that Pearce, “said his next goal is somehow modifying the 14th Amendment to clarify that it does not apply to illegal immigrants, i.e. so they have no rights under the constitution whatsover.”
To address what you did manage to cite, though, Pearce’s statement is obviously incorrect in that illegal aliens do enjoy
some Constitutional rights. Our government does not have free license to do whatever it wants to foreign nationals. I’d have to take that quote as hyperbole for it to make any sense.
He’s right that they have no right to march down Arizona streets. They are law-breaking trespassers - illegals.
In specific, illegal immigrants, foreign diplomats, and visitors, etc. are not considered to be “the people” as defined in the United States Constitution. Thus they do not enjoy 2nd Amendment or 4th Amendment protections by the text of the Constitution itself. For example, an illegal immigrant can be prohibited from owning firearms while the same restriction applied to a citizen might be unconstitutional under the 2nd Amendment.
4th Amendment protections are largely moot with foreign nationals. Illegal immigrants are law-breakers. Law-breakers are subject to searches and seizures that would not be “reasonable” if enacted upon a law-abiding citizen but are lawful and reasonable due to the law-breaking behavior. Lawful diplomats and foreign visitors are subject to different jurisdiction through international treaties and agreements.
1st Amendment protections are also largely moot with illegal aliens because of their criminality. Any right to worship, political speech, petition, or assemble while illegally trespassing on U.S. soil can be abridged by the enforcement of the law. You can be handcuffed and thrown into a detention center until you get deported, after all.
Perhaps it is more applicable to say that foreign aliens have no
applicable 1st, 2nd, or 4th Amendment protections while engaged in illegal trespassing in the United States.
The 6th Amendment claim is just baffling, though. The only thing I can think it applies to would be the fact that immigration proceedings fall under Administrative Law rather than Criminal Law, and thus no one enjoys 6th Amendment or 5th Amendment protections against immigration detainment or deportation proceedings.
First of all,
legal immigrants are a completely different ball of wax that
illegal aliens. One group is abiding the law, and the other is made up entirely of criminals.
“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.”
As already noted, being born in the United States does not automatically mean you are validly “subject to the jurisdiction thereof.” The requires additional law or treaties, which can be modified without a constitution amendment.