# Legal rights of illegal immigrants **URL:** \ **Category:** Factual Questions\ **Created:** [September 3, 2003, 5:30pm UTC](https://boards.straightdope.com/t/legal-rights-of-illegal-immigrants/199360 "2003-09-03T17:30:44Z")\ **Posts on this page:** 5\ **Page:** 2
**Author:** ![Dinsdale](https://avatars.discourse-cdn.com/v4/letter/d/97f17d/32.png) [@Dinsdale](https://boards.straightdope.com/u/Dinsdale)\ **Post date:** [September 5, 2003, 1:51pm UTC](https://boards.straightdope.com/t/legal-rights-of-illegal-immigrants/199360/21 "2003-09-05T13:51:33Z")
For those unclear on yet interested in this issue, you may wish to re-read the Constitution, paying attention to when them specifically mention **citizens** , as opposed to the more general **person or people.** Also consider that not all aliens - illegal or atherwise - are treated equally in all matters. For example, one very basic factor is whether they managed to reach home base before being tagged. Some folk find it hard to imagine why certain aliens interdicted at sea can be held for years in federal detenion centers, without ever have been acknowledged as having entered the country. ---
**Author:** ![xash](https://avatars.discourse-cdn.com/v4/letter/x/c6cbf5/32.png) [@xash](https://boards.straightdope.com/u/xash)\ **Post date:** [September 5, 2003, 5:59pm UTC](https://boards.straightdope.com/t/legal-rights-of-illegal-immigrants/199360/22 "2003-09-05T17:59:03Z")
**Susanann** , a large part of your post did not address the OP’s question. Your comments may be appropriate in GD, but not in GQ. Stick to the question in the OP next time. - **xash** General Questions Moderator ---
**Author:** ![Monty](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/monty/32/47_2.png) [@Monty](https://boards.straightdope.com/u/Monty)\ **Post date:** [September 5, 2003, 7:10pm UTC](https://boards.straightdope.com/t/legal-rights-of-illegal-immigrants/199360/23 "2003-09-05T19:10:36Z")
The US Army does not perform border patrol functions. ---
**Author:** ![Sublight](https://avatars.discourse-cdn.com/v4/letter/s/439d5e/32.png) [@Sublight](https://boards.straightdope.com/u/Sublight)\ **Post date:** [October 3, 2003, 3:33am UTC](https://boards.straightdope.com/t/legal-rights-of-illegal-immigrants/199360/24 "2003-10-03T03:33:05Z")
Sorry to revive the thread, but here’s a recent news story from Australia that relates to the OP’s question [Man free as bashed wife is deported](http://www.heraldsun.news.com.au/common/story_page/0,5478,7433371%5E2862,00.html) > [@](#): > > A MAN who beat his wife with a broomstick has escaped justice after she was dobbed in as an illegal immigrant and deported before charges could be heard. > > The young woman was removed from the country because neither Victoria Police nor the Immigration Department would meet the cost of keeping her here until the case went to court. > > Serious assault charges against her husband, who is twice her age, were withdrawn after she was sent back to a Pacific island. > > … > > Some police believe the Immigration Department should have kept the woman in detention until legal proceedings against her husband ended. > > But a spokesman for Immigration Minister Philip Ruddock said the Migration Act required the department to deport non-citizens held in detention as soon as possible. According to the article, the police have the option of applying for a ‘criminal justice visa’ which lasts for the duration of the criminal procedings, but in this case they elected not to. Unfortunately, the article lacks specifics, such as the names of most of the people involved. ---
**Author:** ![Acsenray](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/acsenray/32/4519_2.png) [@Acsenray](https://boards.straightdope.com/u/Acsenray)\ **Post date:** [October 3, 2003, 9:22pm UTC](https://boards.straightdope.com/t/legal-rights-of-illegal-immigrants/199360/25 "2003-10-03T21:22:31Z")
> [@](#): > > You would have to find a cop who would arrest the guy, then find a prosecutor and judge who are more sympathetic to illegals coming in than simple assaults against them, then you would have to find 12 people in a jury who also think that the assault on illegals problem is a greater threat to this country than millions of illegals coming in. No, you would only have to find a cope, prosecutor, judge, and jury who are willing to enforce the law prohibiting battery. None of them would have to make any judgements regarding what level of “threat” it is “to this country” whether or not in relation to illegal immigration. [Previous page](https://boards.straightdope.com/t/legal-rights-of-illegal-immigrants/199360.md?page=1)