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<blockquote data-quote="tourists24" data-source="post: 6113371" data-attributes="member: 11490"><p>"Eventually, the Supreme Court extended these constitutional protections to <em>all aliens</em> within the United States, including those who entered unlawfully, declaring that aliens who have once passed through our gates, even illegally, may be expelled only after proceedings conforming to traditional standards of fairness encompassed in due process of law.<a href="https://constitution.congress.gov/browse/essay/artI-S8-C18-8-7-2/ALDE_00001262/#ALDF_00015328" target="_blank">3</a> The Court reasoned that aliens physically present in the United States, regardless of their legal status, are recognized as persons guaranteed due process of law by the Fifth and Fourteenth Amendments.<a href="https://constitution.congress.gov/browse/essay/artI-S8-C18-8-7-2/ALDE_00001262/#ALDF_00015329" target="_blank">4</a> Thus, the Court determined, [e]ven one whose presence in this country is unlawful, involuntary, or transitory is entitled to that constitutional protection.<a href="https://constitution.congress.gov/browse/essay/artI-S8-C18-8-7-2/ALDE_00001262/#ALDF_00015330" target="_blank">5</a> Accordingly, notwithstanding Congress’s indisputably broad power to regulate immigration, fundamental due process requirements notably constrained that power with respect to aliens within the territorial jurisdiction of the United States.<a href="https://constitution.congress.gov/browse/essay/artI-S8-C18-8-7-2/ALDE_00001262/#ALDF_00015331" target="_blank">6</a></p><p></p><p>Yet the Supreme Court has also suggested that the extent of due process protection may vary depending upon [the alien’s] status and circumstance.<a href="https://constitution.congress.gov/browse/essay/artI-S8-C18-8-7-2/ALDE_00001262/#ALDF_00015332" target="_blank">7</a> In various opinions, the Court has suggested that at least some of the constitutional protections to which an alien is entitled may turn upon whether the alien has been admitted into the United States or developed substantial ties to this country.<a href="https://constitution.congress.gov/browse/essay/artI-S8-C18-8-7-2/ALDE_00001262/#ALDF_00015333" target="_blank">8</a> Thus, while the Court has recognized that due process considerations may constrain the Federal Government’s exercise of its immigration power, there is some uncertainty regarding the extent to which these constraints apply with regard to aliens within the United States."</p></blockquote><p></p>
[QUOTE="tourists24, post: 6113371, member: 11490"] "Eventually, the Supreme Court extended these constitutional protections to [I]all aliens[/I] within the United States, including those who entered unlawfully, declaring that aliens who have once passed through our gates, even illegally, may be expelled only after proceedings conforming to traditional standards of fairness encompassed in due process of law.[URL='https://constitution.congress.gov/browse/essay/artI-S8-C18-8-7-2/ALDE_00001262/#ALDF_00015328']3[/URL] The Court reasoned that aliens physically present in the United States, regardless of their legal status, are recognized as persons guaranteed due process of law by the Fifth and Fourteenth Amendments.[URL='https://constitution.congress.gov/browse/essay/artI-S8-C18-8-7-2/ALDE_00001262/#ALDF_00015329']4[/URL] Thus, the Court determined, [e]ven one whose presence in this country is unlawful, involuntary, or transitory is entitled to that constitutional protection.[URL='https://constitution.congress.gov/browse/essay/artI-S8-C18-8-7-2/ALDE_00001262/#ALDF_00015330']5[/URL] Accordingly, notwithstanding Congress’s indisputably broad power to regulate immigration, fundamental due process requirements notably constrained that power with respect to aliens within the territorial jurisdiction of the United States.[URL='https://constitution.congress.gov/browse/essay/artI-S8-C18-8-7-2/ALDE_00001262/#ALDF_00015331']6[/URL] Yet the Supreme Court has also suggested that the extent of due process protection may vary depending upon [the alien’s] status and circumstance.[URL='https://constitution.congress.gov/browse/essay/artI-S8-C18-8-7-2/ALDE_00001262/#ALDF_00015332']7[/URL] In various opinions, the Court has suggested that at least some of the constitutional protections to which an alien is entitled may turn upon whether the alien has been admitted into the United States or developed substantial ties to this country.[URL='https://constitution.congress.gov/browse/essay/artI-S8-C18-8-7-2/ALDE_00001262/#ALDF_00015333']8[/URL] Thus, while the Court has recognized that due process considerations may constrain the Federal Government’s exercise of its immigration power, there is some uncertainty regarding the extent to which these constraints apply with regard to aliens within the United States." [/QUOTE]
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