In today’s world of rampant hatefulness and hasty replies, we often see responses to topics which the responder has little to no knowledge of but is trying desperately to make someone believe that they do. One such topic is frequently seen on social media when it is asked if illegal aliens have a constitutional right to due process.
On my campaign website, I state, "The U. S. Constitution applies to every human being within the boundaries of this country and its territories with the exception of those that have had their rights restricted due to criminal activity. Even those individuals, regardless of what they have done, retain certain rights such as the right to due process and the 8th amendment protection against cruel and unusual punishment."
A gentleman was recently perusing my site and emailed me with the following questions:
Does the right to due process apply to illegal aliens and what is your opinion on illegal immigration?
He also asked me how I planned to handle the enforcement of Red Flag laws should I be successful in my race. My reply may be of some interest to some of you…
First off, yes, the right to due process, as well as many other constitutionally protected rights, applies to illegal aliens as well as to the citizens of the United States. There are numerous references by the Founding Fathers on this subject as well as a number of Supreme Court decisions. While I am vehemently and unwaveringly opposed to illegal immigration, I am equally supportive of the original intent of the Constitution of the United States.
One such reference from 1868 is in the 1st section of 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."
This issue has been the subject of debates, conversations, statute changes and court decisions since the Founding Fathers' days and "We the People" have always prevailed. While some may claim that the term "we the people" is exclusively reserved for the citizens of the United States, it is not. One of the very greatest things about the way this country was designed that sets it apart from others is the protection afforded by the Constitution to all people within our boundaries and to those that we are responsible for in other areas.
SCOTUS ruled in Zadvydas v. Davis (2001) that "due process" of the 14th Amendment applies to all aliens in the United States whose presence may be or is "unlawful, involuntary or transitory." Even long before this was settled by SCOTUS, James Madison, considered by most as the Father of the Constitution, wrote: "...that as they [aliens], owe, on the one hand, a temporary obedience, they are entitled, in return, to their [constitutional] protection and advantage." There were at least three other SCOTUS decisions confirming this prior to Zadvydas.
I could go on and on but this should answer your question.
My opinion of 2nd amendment sanctuary cities and counties is that they are completely constitutional and should be applauded and supported. I would also like to see this concept applied to the entire state of Arizona.
As the Sheriff of Apache county, I absolutely will not enforce federal "Red Flag" laws. Every state in the Union already has some sort of protection law in force that allows law enforcement to temporarily remove firearms from the possession of those that it is reasonably believed may be a danger to themselves or others. This has been the case for over 100 years. While I support and will do my best to uphold every facet of the United States Constitution, the Bill of Rights and the Constitution of the State of Arizona, the 2nd amendment will always be the most precious jewel.
Many of the concepts contained within the Constitution of the United States are grossly misunderstood. It is our duty as citizens and patriots to read, understand and teach those concepts as we can.