Google’s Gemini AI chatbot is lying to users about whether illegal aliens have constitutional rights as the Trump administration battles with Democrat politicians and judges to enforce immigration law.
First of all, illegal aliens have no constitutional rights. That is a statement of fact without qualification. Constitutional rights apply only to citizens. And no amount of Supreme Court decisions or pompous “expert” lectures to the contrary can change that. What the Constitution says and what the Founders intended cannot be altered by later misinterpretations, even if those misinterpretations are perpetuated across a century or more of court decisions.
It is also worth noting, of course, that the Supreme Court has very badly misinterpreted the Constitution before, as when the Dred Scott decision said that black people cannot be equal citizens (even though they did have the right to vote in most states when the Constitution was first ratified), when SCOTUS approved forced sterilizations in Buck v. Bell, or when SCOTUS’s Roe v. Wade falsely claimed there was a constitutional right to abortion. SCOTUS and other courts were likewise wrong to assert that illegal aliens have constitutional rights. That is very important context to keep in mind as you read Gemini’s mendacious responses.
First, I asked Gemini, “Do illegal aliens have constitutional rights that prevent deportation?” Gemini promptly and falsely responded in the affirmative and proceeded to list out a series of rights, which in fact only apply to citizens, or which don’t exist at all (like the bogus “right to education”):
Yes, undocumented immigrants (often referred to as “illegal aliens” in legal and political discourse) have constitutional rights that prevent them from being deported without due process.
Here’s a breakdown of the key constitutional protections:
Due Process (Fifth and Fourteenth Amendments): The U.S. Constitution extends due process and equal protection to “persons,” not just “citizens.” This means that undocumented immigrants cannot be deprived of life, liberty, or property without a fair legal process. For deportation, this generally includes:
The right to a hearing before an immigration judge.
The right to be informed of the charges against them.
The right to present evidence in their defense.
The right to seek various forms of relief from deportation, such as asylum or cancellation of removal, if they qualify.
The right to be represented by legal counsel (though the government is generally not required to provide an attorney in civil immigration proceedings, unlike criminal cases).
Protection Against Unreasonable Searches and Seizures (Fourth Amendment): Undocumented immigrants are protected from unreasonable searches and seizures, meaning law enforcement generally needs a warrant or probable cause to search their homes or belongings. However, there are exceptions, such as the “border search exception” which allows for warrantless searches within a 100-mile radius of the border.
Other Rights:
Right to remain silent: If encountered by immigration agents, individuals have the right to remain silent and do not have to answer questions about their immigration status or how they entered the U.S.
Right to not open the door: Individuals are not required to open their door to immigration agents unless they have a valid judicial warrant.
Right to education: The Supreme Court has affirmed that undocumented children have a right to public education.
Important Considerations and Limitations:
Expedited Removal: In certain circumstances, particularly for individuals apprehended at or near the border who cannot prove continuous physical presence in the U.S. for two years, the government can use an “expedited removal” process. This allows for swift deportation without a full hearing before an immigration judge, unless the individual expresses a fear of persecution or torture, in which case they must be given a “credible fear” interview.
Congressional Authority: While constitutional rights apply, Congress has broad authority over immigration policy. The Supreme Court has historically balanced this authority with the constitutional protections afforded to individuals within U.S. territory.
No Right to Government-Provided Counsel: Unlike criminal cases, the government is not generally required to provide free legal counsel for individuals in civil immigration proceedings.
In summary, while the federal government has significant power to enforce immigration laws and deport individuals who are unlawfully present, that power is not absolute and must adhere to the due process and other constitutional protections afforded to all “persons” within the United States.
Almost pure propaganda, but we’d expect nothing less from a Google product. Actually, anyone who is suspected of being in the country illegally can per federal law be arrested by federal law enforcement without a warrant, and of course they can be deported, because they are legally not allowed to be here.
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Author: Catherine Salgado
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