Fact check: What constitutional rights do undocumented immigrants have in deportation proceedings?

1. Summary of the results

Undocumented immigrants in the United States do have constitutional rights during deportation proceedings, primarily stemming from the Fourteenth Amendment's Equal Protection Clause, which applies to all persons "under the jurisdiction of the United States" ^[1]. These rights specifically include:

• Due process protections under both the Fifth and Fourteenth Amendments ^[2]
• The right to a fair legal hearing and opportunity to present their case ^[1]
• Freedom of speech and other fundamental constitutional protections ^[3]

This was notably affirmed in the Supreme Court case Plyler v. Doe ^{[4] [1]}.

2. Missing context/alternative viewpoints

Several important contextual elements need to be considered:

• These constitutional rights are not absolute and can vary based on specific circumstances, particularly in expedited removal programs ^[2]
• While the Constitution doesn't explicitly state that undocumented immigrants have the same rights as citizens, certain fundamental rights extend to all people within U.S. jurisdiction ^[1]
• The Executive Branch maintains some authority to implement immigration policies, though these powers are not unlimited and can be challenged in court ^[1]
• A Yale Law School professor emphasizes that "Most of the provisions of the Constitution apply on the basis of personhood and jurisdiction in the United States" ^[3]

3. Potential misinformation/bias in the original statement

There is significant controversy and misinformation surrounding this topic:

• Right-wing influencers have been known to falsely claim that migrants do not deserve due process rights ^[5]
• The practical application of these constitutional rights can be complex and subject to legal interpretation ^[3]

Those who benefit from minimizing immigrant rights often include:

• Political figures who use immigration as a wedge issue
• Private detention facilities that benefit from expedited removal programs
• Media outlets that generate engagement through controversial immigration coverage

Those who benefit from emphasizing immigrant rights include:

• Immigration advocacy groups
• Legal organizations that provide services to immigrants
• Civil rights organizations focused on constitutional protections