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Supreme Court Nominee Alito Argued Against Immigrant Rights

HeadlineNov 29, 2005

Newly released Justice Department documents show that Supreme Court nominee Samuel Alito argued in the 1980s that immigrants who enter the United States illegally and foreigners living outside their countries are not entitled to the constitutional rights afforded to Americans. Alito made the argument at a time when he was deputy assistant attorney general in the Reagan administration. Conservative constitutional analyst Bruce Fein said “He seems to be saying that there is no constitutional constraints placed on U.S. officials in their treatment of nonresident aliens or illegal aliens. Could you shoot them? Could you torture them?” Martin Redish, a constitutional law professor at Northwestern University Law School, told the Washington Post that Alito’s view could be used to justify the current administration policy under which the CIA conducts interrogations in secret prisons overseas. The New York Times reports the newly released documents also show Alito played an active role in advancing the administration’s efforts to expand law enforcement powers and limit restrictions on prosecutors.

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