Omar Bennett
Foreigners are protected by the Constitution to a certain extent. While they are subject to immigration law, which gives the executive branch the authority to determine whether they are allowed in the country, they are still entitled to certain rights. For example, the right to due process and the right to a jury. In addition, the American Civil Liberties Union and many legal scholars believe that the First Amendment freedom of religion protects foreigners from discriminatory treatment based on religion.
| Characteristics | Values |
|---|---|
| Right to vote | Only for US citizens |
| Right to run for office | Only for US citizens |
| Right to hold certain federal jobs | Only for US citizens |
| Right to due process | Applies to non-citizens |
| Right to a jury | Applies to non-citizens |
| Right to education | Applies to non-citizens |
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What You'll Learn
The rights of non-citizens under the Fourth and Fifth Amendments
Non-citizens don't share all the rights of citizens under the U.S. Constitution. The enjoyment of certain rights, such as the rights to vote, run for office, and hold certain federal jobs, are reserved exclusively for United States citizens. However, the rights of aliens and undocumented immigrants are not restricted to “basic human rights,” but also extend to rights protected by the U.S. Constitution by virtue of being physically present in the country. For example, the right to K-12 education.
The U.S. Supreme Court has also ruled that the basic right of habeas corpus to challenge illegal detentions extends even to non-citizens on foreign territory. In Boumediene v. Bush, a 2008 case, the Court held that the right to challenge illegal detention applies to non-citizens held at the U.S. base in Guantanamo Bay.
The American Civil Liberties Union and many legal scholars also believe that the First Amendment freedom of religion extends to non-citizens. They argue that Trump's order to single out Muslim immigrants for discriminatory treatment violates the Constitution by establishing a preferred religion.
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The right to due process
In the case of U.S. v. Wong Kim Ark in 1898, the Supreme Court ruled that the term "person" under the Fifth Amendment includes aliens living in the U.S., thus granting them the right to due process. This right was further upheld in the case of Fong Yue Ting v. U.S., where the court held that Chinese labourers, "like all other aliens residing in the United States," are entitled to the protection of the laws, including due process.
While non-citizens do not share all the rights of citizens under the U.S. Constitution, their right to due process is protected. This means that they are entitled to fair and impartial legal proceedings, including the right to a jury, regardless of their immigration status.
However, it is important to note that non-citizens are subject to immigration law, which gives the executive branch broad authority to determine whether they are allowed to remain in the country or not.
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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. This means that non-citizens are entitled to the same due process rights as citizens, including the right to a jury trial.
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 under the law. This includes the right to a jury trial, which is a fundamental aspect of the US legal system.
It is important to note that while non-citizens are afforded certain constitutional protections, they do not share all the rights of citizens. For example, the right to vote, run for office, and hold certain federal jobs are reserved exclusively for US citizens. Additionally, non-citizens are subject to immigration law, which gives the executive branch broad authority to determine whether they are allowed to remain in the country.
Despite this, the US Constitution and legal precedent have established that non-citizens are entitled to certain fundamental rights, including the right to a jury trial, regardless of their immigration status.
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The right to challenge illegal detentions
Foreigners are protected by the constitution, even if they are not citizens. The U.S. Constitution protects the rights of aliens and undocumented immigrants to basic human rights and beyond. The Fourth and Fifth Amendments, for example, grant the right to due process and the right to a jury.
In the U.S., the Supreme Court has ruled that the term "person" under the Fifth Amendment applies to aliens living in the country. This means that foreigners have the right to due process and equal protection under the law, which includes the right to challenge illegal detentions.
It is important to note that immigration law gives the executive branch broad authority to determine who can enter and remain in the country. However, this does not negate the rights of foreigners to challenge their detention if it is found to be unlawful, irrational, or disproportionate.
Having a lawyer can be crucial in challenging illegal detentions, as the law is complex and understanding one's rights can be difficult without professional guidance. Knowing one's rights is essential to ensuring that they are respected and that potential abuses are prevented.
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The right to k-12 education
The United States Constitution does protect the rights of non-citizens, including undocumented immigrants. This includes the right to K-12 education.
The rights of non-citizens are not restricted to 'basic human rights', but also extend to rights protected by the US Constitution by virtue of being physically present in the country. This includes the right to K-12 education.
Cases extending back to the 1800s, including ones brought by Chinese immigrants challenging the arbitrary seizure of their property, 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.
However, it is important to note that non-citizens do not share all the rights of citizens under the US Constitution. For example, the right to vote, run for office, and hold certain federal jobs are reserved exclusively for US citizens. Additionally, the executive branch has broad authority to determine whether it wants non-citizens in the country or not.
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Frequently asked questions
Yes, foreigners are protected by the constitution. However, they are subject to immigration law, which means the executive branch has the authority to determine whether they are allowed in the country.
Foreigners have the right to due process and the right to a jury under the Fourth and Fifth Amendments. They are also entitled to the protection of the laws.
No, foreigners do not share all the rights of citizens under the U.S. Constitution. For example, the right to vote, run for office, and hold certain federal jobs are reserved exclusively for U.S. citizens.
Yes, in a 2008 U.S. Supreme Court decision, Boumediene v. Bush, it was held that the basic right of habeas corpus to challenge illegal detentions extends even to non-citizens on foreign territory.
