True, the Bill of Rights applies to everyone, even
illegal immigrants. So an immigrant, legal or illegal, prosecuted under the criminal code has the right to
due process, a speedy and public trial, and other rights protected by the
Fifth and
Sixth Amendments..................But
immigration proceedings are matters of administrative law, not criminal law. (As a result, the consequence of violating your immigration status is not jail but deportation.) And Congress has nearly full authority to regulate immigration without interference from the courts. Because immigration is considered a matter of national security and foreign policy, the Supreme Court has long held that immigration law is largely immune from judicial review. Congress can make rules for immigrants that would be unacceptable if applied to citizens.