
The US Constitution does not expressly reserve rights for citizens only, and non-citizens are protected by the rights that the Constitution does not expressly reserve to citizens. 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. However, the Constitution leaves room for interpretation, especially when it comes to unauthorized immigrants.
| Characteristics | Values |
|---|---|
| Foreign nationals are considered "persons" within the meaning of the Constitution | Yes |
| Foreign nationals are protected by rights that the Constitution does not expressly reserve to citizens | Yes |
| Foreign nationals have the right to vote | No |
| Foreign nationals have the right to run for federal elective office | No |
| Non-citizens have rights under the U.S. Constitution | Yes |
| Non-citizens have the right to due process and entry | Yes |
| Non-citizens have the right to freedom of religion, speech, press, assembly and petition | Unclear |
| Legal permanent residents have the right to permanently live in the United States | Yes |
| Legal permanent residents have the right to work in the United States | Yes |
| Legal permanent residents are protected under the laws of the United States and all local jurisdictions | Yes |
| Legal permanent residents are protected and maintain rights as given by the Constitution | Yes |
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What You'll Learn
- The Supreme Court has ruled that foreign nationals are persons within the meaning of the Constitution
- The Constitution does not expressly reserve the right to vote or run for federal elective office to citizens
- Non-citizens have rights under the US Constitution
- The First Amendment does not make clear whether the people are a narrow group of citizens or a broader category
- Permanent legal residents are protected under the laws of the United States and all local jurisdictions

The Supreme Court has ruled that foreign nationals are persons within the meaning of the Constitution
The US Constitution does protect non-citizens, according to the Supreme Court. However, the Constitution does not make clear whether "the people" given the freedoms of religion, speech, press, assembly and petition are a narrow group of citizens or a broader category, some of whom come to the United States to visit, learn and work.
The Supreme Court has described naturalization as the act of adopting a foreigner, and clothing him with the privileges of a native citizen. A naturalized citizen becomes a member of society, possessing all the rights of a native citizen, and standing, in the view of the Constitution, on the footing of a native.
The Supreme Court has also recognized that Congress has the power to revoke citizenship improperly obtained through fraud or other unlawful means. In addition, the Court has recognized that Congress has the power to expatriate an individual who, through some voluntary act, has relinquished his or her US citizenship.
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The Constitution does not expressly reserve the right to vote or run for federal elective office to citizens
The treatment of non-citizens under the US Constitution has been a subject of debate and inconsistency. While the Constitution does not grant non-citizens the same rights as citizens, it does provide them with certain protections. For example, non-citizens who have received the required papers have the right to due process and entry, as argued by the ACLU and immigration advocates. Legal permanent residents are also protected under US laws and maintain certain rights as given by the Constitution.
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Non-citizens have rights under the US Constitution
The US Constitution does not expressly reserve rights to citizens alone. The Supreme Court has insisted 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 expressly limited to citizens are the right to vote and to run for federal elective office.
The First Amendment does not make clear whether "the people" given the freedoms of religion, speech, press, assembly and petition are a narrow group of citizens or a broader category, some of whom come to the United States to visit, learn and work.
Non-citizens who have received the required papers have the right to due process and entry. Legal permanent residents are protected under the laws of the United States and all local jurisdictions. They are also protected and maintain rights as given by the Constitution, including due process of law and equal protection under the law. These legal rights emanate primarily from the Fourteenth Amendment, which provides guarantees for "any person".
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The First Amendment does not make clear whether the people are a narrow group of citizens or a broader category
The US Constitution protects non-citizens, but does not make clear whether 'the people' refers to a narrow group of citizens or a broader category. The First Amendment grants the freedoms of religion, speech, press, assembly and petition, but it is unclear who these rights apply to.
The Supreme Court has not ruled directly on this issue, but it has been suggested that ''the people' refers to individual Americans. At the time the Constitution was written, many of 'the people' were born outside the US. However, the Court has also emphasised the importance of citizenship when evaluating the validity of a Second Amendment restriction, suggesting that 'the people' refers only to citizens.
The right to due process and entry has been argued by the ACLU and immigration advocates, who say that non-citizens who have received the required papers should be granted these rights. Legal permanent residents are also protected by the Constitution, including the right to due process and equal protection under the law.
The First Amendment does not specify whether it applies only to citizens, and the government has broad discretion to determine which refugees to allow into the country.
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Permanent legal residents are protected under the laws of the United States and all local jurisdictions
The US Constitution does not expressly reserve rights to citizens alone. The Supreme Court has ruled 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 expressly limited to citizens are the right to vote and to run for federal elective office.
Non-citizens have rights, too, even under the US Constitution. The First Amendment does not make clear whether "the people" given the freedoms of religion, speech, press, assembly and petition are a narrow group of citizens or a broader category, some of whom come to the US to visit, learn and work.
Legal permanent residents have the right to permanently live and work in the US. They are protected under the laws of the US and all local jurisdictions. They are also protected by the Constitution, including due process of law and equal protection under the law. These legal rights emanate primarily from the Fourteenth Amendment, which provides guarantees for "any person".
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Frequently asked questions
Yes, non-citizens are protected by the US Constitution. 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.
Non-citizens are protected by the right to due process and equal protection under the law. These rights emanate primarily from the Fourteenth Amendment, which provides guarantees for "any person".
No, foreign nationals are not entitled to the same rights as citizens. However, the Constitution expressly limits to citizens only the rights to vote and to run for federal elective office.
The Supreme Court has taken an ambivalent approach to the rights of foreign nationals, reflecting the alternately xenophobic and xenophilic attitude of the American public toward immigrants.

















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