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Gregory Boop
Gregory Boop, Lawyer (JD)
Category: Legal
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Experience:  A trial attorney with a decade of experience representing people and small businesses.
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what rights do legal aliens have in the united states are ...

Customer Question

what rights do legal aliens have in the united states? are these rights withdrawn in time of declared or undeclared war?
Submitted: 9 years ago.
Category: Legal
Expert:  Gregory Boop replied 9 years ago.

Legal aliens (that term presumes a lawful permanent resident, not visitors or those on a visa) have all of the rights as a citizen with the exception of voting and holding or working in a public office and can be removed for an aggravated felony or for lying on the application process. They have the right to due process and habeas corpus.

These rights are not suspended in time of war.

There have been instances in U.S. history where American citizens of particular descent have been rounded up and incarcerated. Most notably, the Japanese-American Internment during World War II. These instances occured to American citizens as well as legal aliens/permanent residents under the premise of national security or war security. Those right suspensions have been upheld by the US Supreme Court and can occur to citizen and non-citizen.
Gregory Boop and 2 other Legal Specialists are ready to help you
Customer: replied 9 years ago.
Reply to Gregory Boop's Post: Thanks for the info. I'm attempting to write a 5000 word paper on this subject. Can you give me some areas to look as well as site?
Customer: replied 9 years ago.
P.S. - my stepdad is an attorney. can he look to any specific areas for information that he may have access to?
Expert:  Gregory Boop replied 9 years ago.
I would read Korematsu v. United States, 323 U.S. 214 (1944) which is still considered good case law even though the conviction was thrown out in 1983. Look at the Department of Homeland Security and INS websites where a good deal of information on alien rights is located.