A Comparative Study of Chicago and Madrid
Edited By Francisco Velasco Caballero and María de los Angeles Torres
Comparative Notes on the Rights of Unauthorized Aliens
MATTHEW KUENNING, UNIVERSITY OF ILLINOIS AT URBANA-CHAMPAIGN, TOMÁS DE LA QUADRA-SALCEDO JANINI, AUTONOMOUS UNIVERSITY OF MADRID
The fundamental difference between the two legal systems seems to be rooted in the fact that United States’ courts still have not ruled clearly with respect to whether it is the U.S. Constitution that provides for the rights of unauthorized aliens, or if that is instead the domain of state and local laws. By contrast, the Spanish Constitutional Court has held that unauthorized aliens, by virtue of being persons, are accorded a series of rights under the Spanish Constitution on an equal basis with Spanish nationals.