Quote:
Originally Posted by bullandre
I'm willing to be proven wrong but please show me where in the 6th Amendment it says illegal immigrants have the right to a public defender? Keep in mind that immigration matters are civil issue not criminal in nature.
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Everyone is entitled to due process, meaning if they are accused of something they are entitled to a defender and to go before a judge.
From the 14th amendment.
"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."
Since everyone gets equal protection of the laws, illegal immigrants are entitled to public defenders, just as American citizens are entitled to defenders. No person can be denied due process either, meaning alleged illegal immigrants generally have to have their day in court before a judge decided whether to deport them or not.
"Constitutional Rights
Even if you're in the United States without permission or proper immigration documents, various sections of the U.S. Constitution apply to you. There is a particularly important provision of the Fourteenth Amendment stating that, "No state shall . . . 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."
An undocumented immigrant is definitely a "person." In brief, this means that you are owed such procedural rights as a jury trial and the right to defend yourself against the charges if arrested; and if someone sues you over a civil matter, that you have the right to receive notice and to defend yourself in court.
Various criminal charge-related amendments to the Constitution (including the First, Fourth, Fifth, Sixth and 14th) also apply. These protect undocumented immigrants against unlawful search and seizure by law enforcement authorities (without probable cause and a warrant for such an action) and against self-incrimination.
Undocumented immigrants have the right to file lawsuits, such as discrimination suits, in federal court. State laws vary, but some jurisdictions give an undocumented immigrant the right to sue in state court, as well.
Defense Against Removal
You have the right to defend yourself against deportation or removal from the United States. If immigration officials discover that you're living in the country illegally, you have the right to a hearing before an immigration judge in the Executive Office for Immigration Review or EOIR (unless you've returned to the U.S. after a previous order of deportation). The U.S. government can't, in most cases, simply send you home without a hearing.
You also have the right to representation in immigration court by an attorney, but the U.S. government doesn't have to pay for one on your behalf. You may be able to find low-cost legal help from a charitable organization serving immigrants."
Illegal Immigrant Rights | Lawyers.com