On the recordMay 17, 2012
I appreciate, again, the strong views of the distinguished ranking member. I would just say there is a real difference of opinion about to what extent U.S. constitutional rights, which each of us, as citizens, are privileged to have, are bestowed upon any illegal alien, as soon as they set foot in this country. Now, there are places in the Constitution it says ``persons.'' There are other places it talks about ``accused.'' But I would point back to some of the very case law from the Supreme Court such as the Hamdan decision, which references the differences in procedure that due process requires for a citizen versus a noncitizen. It is not a clear- cut thing to say that as soon as you set foot on this soil, then you have the right to remain silent. And the part that the gentleman--the other concern that many of us have is when you say you've got the right to remain silent, that prevents us from getting the intelligence, the information that prevents the attack of your buddy, the guy next to you. That's got to be factored in here too.
