Should a noncitizen be charged with a crime, he has exactly the same Fifth and Sixth Amendment procedural rights as a citizen, including the right to a jury trial, the right to counsel, and protection against self-incrimination.
If convicted, the Eighth Amendment prevents the government from subjecting aliens to ‘cruel and unusual punishment’ in exactly the same ways as it does with citizens.”
“[A]nyone living in the U.S. — legally or not — has constitutional rights, including the right to equal protection of the law and that of due process (fair treatment in the judicial system).
In Hillary Clinton’s America, the system stays rigged against Americans. Syrian refugees flood in. Illegal immigrants convicted of committing crimes get to stay. Collecting Social Security benefits, skipping the line. Our border open. It’s more of the same, but worse.
DAPA and DACA grantees are considered lawfully present in the United States. They can apply for a Social Security number once they receive work permits. They earn Social Security and Medicare benefits through their payroll taxes — meaning they must be paying taxes. To collect the benefits, they must reach retirement age and must have worked for at least 10 years.
Illegal residents who receive non-urgent care in public healthcare must pay themselves the costs of care in full.Children residing illegally in the country have the right to receive services under the Child Welfare Act.
And the children and grandchildren of immigrants will affect the population, the economy, and the ratio of workers to beneficiaries long into the future.
Right now, the government can only consider use of cash benefits, like Temporary Assistance for Needy Families, in “public charge” determinations. The Trump administration wants to give officials the power to look at use of other benefits as well.
Immigrants can get out of being considered a “public charge” if they have someone willing to sign an “affidavit of support” promising to support them at 125 percent of the federal poverty level. But the government doesn’t have to agree to admit someone, or give them a green card, based on that affidavit.
Because immigrants are so diverse, it is possible to construct hypothetical — but unrealistic — scenarios in which immigration has either very unfavorable or very favorable effects on Social Security’s finances.