Isabella Carter
Foreigners are afforded certain rights under the US Constitution, as the document refers to 'people' and 'persons'. This includes free speech, and for permanent residents, the right to buy a gun. However, foreigners are not afforded all the rights of citizens, such as the right to vote or to run for federal elective office. Foreigners also do not have the right to stay in the US, and can be kicked out or refused entry.
| Characteristics | Values |
|---|---|
| Foreigners' rights under the US Constitution | Foreigners are protected by the rights that the Constitution does not expressly reserve to citizens |
| Voting | Foreigners are not allowed to vote |
| Running for federal elective office | Foreigners are not allowed to run for federal elective office |
| Free speech | Foreigners are allowed free speech |
| Buying a gun | Foreigners are not allowed to buy a gun unless they have a green card |
| Right to stay | Foreigners do not have a right to stay in the US |
| Right to challenge illegal detention | Foreigners have the right to challenge illegal detention |
| Right to due process | Foreigners have the right to due process |
| Right to a jury | Foreigners have the right to a jury |
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What You'll Learn
Foreigners' right to free speech
The Supreme Court has insisted for more than a century that foreign nationals living in the US are 'persons' within the meaning of the Constitution, and are protected by those rights that the Constitution does not expressly reserve to citizens. The only rights that the Constitution expressly limits to citizens are the rights to vote and to run for federal elective office.
The right to free speech is protected by the First Amendment, and it has been established that this right extends to non-citizens. In 2008, the US Supreme Court held that the basic right of habeas corpus to challenge illegal detentions extends even to non-citizens on foreign territory. In U.S. v. Wong Kim Ark, an 1898 decision, the Supreme Court ruled that the term 'person' under the Fifth Amendment applied to aliens living in the US. In Fong Yue Ting v. U.S., the court held that Chinese labourers, 'like all other aliens residing in the United States', are entitled to protection of the laws.
However, it is important to note that non-citizens do not share all the rights of citizens under the US Constitution. For example, they do not have the right to purchase firearms unless they have a green card, and they do not have the right to stay in the country (they can be kicked out or not admitted).
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Foreigners' right to due process
The Supreme Court has long held that foreign nationals living in the US are considered "persons" within the meaning of the Constitution and are therefore protected by the rights that the Constitution does not expressly reserve for citizens. This interpretation has been applied to cases involving the seizure of property, the right to a jury, and the right to challenge illegal detention under habeas corpus.
However, there are also limitations to the rights afforded to foreigners. For example, foreigners do not have the right to vote or run for federal elective office, as these rights are expressly reserved for citizens. Additionally, foreigners may be subject to different treatment under immigration laws, and the US government has the authority to deny entry or admission to non-citizens.
The right to due process for foreigners has been a particular area of focus in legal debates. The 1980 Refugee Act, for example, prohibits discrimination based on national origin, and courts have held that procedures that deny entry to aliens must still provide due process. In the case of U.S. v. Wong Kim Ark, the Supreme Court ruled that the term "person" under the Fifth Amendment applied to aliens living in the US, further extending their rights to due process.
Overall, while foreigners may not have the same rights as citizens under the US Constitution, they are still afforded certain protections, including the right to due process. The interpretation and application of these rights can be complex and context-dependent, and the Supreme Court has often taken an ambivalent approach to these issues.
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Foreigners' right to a jury
Foreigners are afforded some rights under the US Constitution, as the Constitution refers to 'people'. This includes free speech, and for permanent residents, the right to buy a gun. However, foreigners do not have the right to vote, the right to purchase firearms without a green card, or the right to remain in the US.
The Supreme Court has held for more than a century that foreign nationals living in the US are 'persons' within the meaning of the Constitution, and are protected by those rights that the Constitution does not expressly reserve to citizens. This includes the right to a jury, as established in cases extending back to the 1800s, including ones brought by Chinese immigrants challenging the arbitrary seizure of their property. In US v. Wong Kim Ark, an 1898 decision, the Supreme Court ruled that the term 'person' under the Fifth Amendment applied to aliens living in the US. In Fong Yue Ting v. US, the court held that Chinese labourers, 'like all other aliens residing in the United States', are entitled to protection of the laws.
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Foreigners' right to challenge illegal detention
The US Constitution does not expressly reserve rights to citizens alone, except for the rights to vote and to run for federal elective office. Foreign nationals are considered persons within the meaning of the Constitution and are protected by the rights that the Constitution does not expressly reserve to citizens. This includes the right to free speech, and for permanent residents, the right to buy a gun.
However, it is important to note that foreigners do not share all the rights of citizens under the US Constitution. For example, they do not have the right to purchase firearms unless they have a green card, and they do not have the right to stay in the country indefinitely.
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Foreigners' right to protection of the laws
Foreigners are protected by the US Constitution, as the Constitution refers to 'people' and 'persons'. This includes the right to free speech, and for permanent residents, the right to buy a gun. However, foreigners do not have the right to vote or to run for federal elective office, and they do not have the right to stay in the US.
The US Supreme Court has held that the basic right of habeas corpus to challenge illegal detentions extends even to non-citizens on foreign territory. In addition, cases extending back to the 1800s have established the rights of non-citizens under the Fourth and Fifth Amendments, including due process and the right to a jury. In U.S. v. Wong Kim Ark, an 1898 decision, the Supreme Court ruled that the term 'person' under the Fifth Amendment applied to aliens living in the US. In Fong Yue Ting v. U.S., the court held that Chinese labourers, 'like all other aliens residing in the United States', are entitled to protection of the laws.
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Frequently asked questions
Yes, the US Constitution refers to 'people' and ''persons', which includes foreigners.
Foreigners are afforded the same rights as citizens, except for the right to vote, the right to purchase firearms, and the right to stay in the US. They are also protected by the Fourth and Fifth Amendments, which include due process and the right to a jury.
Yes, in 2008, the US Supreme Court ruled that the basic right of habeas corpus to challenge illegal detention extends to non-citizens on foreign territory. In 1898, the Supreme Court also ruled that the term 'person' under the Fifth Amendment applied to aliens living in the US.
The 1980 Refugee Act protects refugees from discrimination based on national origin.
