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If I'm An Alien Can A Deportation Lawyer Help Me?
Rights of Aliens
One of the most important principles operative in the U.S. is the rule of law. This means that we are governed by laws, not by people, that the law is supreme. People change the law only by proper legislative procedures. Once the law is established, is must be observed by all, including government officials from the President through a law enforcement officer.
The principle of the rule of law protects us from the arbitrary actions of government and law enforcement agencies as their authority is limited by the law. The U.S. Constitution is the highest law of the land; all other laws must be consistent with it. Those laws or governmental actions which are not consistent with the Constitution can be challenged in court and declared invalid or unconstitutional. In this way, laws and regulations undergo a constant process of testing to be sure that they conform to the principles set forth in the Constitution.
DUE PROCESS OF LAW AND EQUAL PROTECTION UNDER THE LAW
Our Constitution guarantees due process of law to all persons, including aliens in the U.S. The concept of due process of law requires that specified orderly procedures be followed in the enactment, administration, and enforcement of the laws. The Constitution also guarantees each person equal protection under the law.
This concept means that the law applies to all equally, regardless of status, wealth, or position, and that the state may not discriminate between person for arbitrary and capricious reasons. There are, of course, special laws and regulations that establish the conditions under which international students and scholars may study, teach, or pursue research in the U.S., but within these general and reasonable limits, international students and scholars and other aliens in the U.S. are subject to the same laws and are guaranteed the same protection of the laws and the same civil rights as are American citizens.
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