Judge Pechman is wrong, says Hamilton

Thursday, July 4, 2019
 | 
Chad Groening (OneNewsNow.com)

border wall jumper near Tijuana, MexicoA public policy analyst says Fifth Amendment due process rights do not extend to people who enter the United States illegally.

U.S. District Judge Marsha Pechman ruled Tuesday that asylum seekers who are detained after entering the country illegally are entitled to bond hearings.

Attorney General William Barr announced in April that the government would no longer offer such hearings but would instead keep the individuals in custody. It was part of the administration's efforts to deter a surge of migrants at the U.S.-Mexico border.

Pechman says these illegal aliens are entitled to the Fifth Amendment's due process protections, but Abraham Hamilton III, general counsel and public policy analyst for the American Family Association, disagrees.

Hamilton

"She is wrong," Hamilton responded during a recent appearance on American Family Radio. "Attorney General William Barr issued a guidance that articulates that the United States of America does not have to provide a bond hearing to people who have entered our country illegally."

Hamilton does agree, though, that Fifth Amendment rights should extend to the small number of asylum seekers who come through legitimate ports of entry.

"But for those who hop a fence, or cross the Rio Grande, or enter our border illegally, which excludes from that parameters those who come to a lawful point of entry -- that would be a different application," the attorney explains. "But … the overwhelming majority are not coming through a lawful point of entry."

The government is expected to appeal the ruling.

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