
The US Constitution protects both citizens and non-citizens. Visa holders have certain protections while they are staying in the United States, but they do not have the same rights as citizens. These protections include freedom of speech and religion, protection from unreasonable search and seizures, the right to a jury trial, protection from self-incrimination, and the protection from cruel and unusual punishment. However, whether someone is fully protected by the First Amendment can depend on their legal status in the country.
| Characteristics | Values |
|---|---|
| Protections | Freedom of speech and religion, protection from unreasonable search and seizures, the right to a jury trial, protection from self-incrimination, and the protection from "cruel and unusual" punishment |
| Rights | Cannot vote or obtain a US driver's license |
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What You'll Learn
- Visa holders have certain protections while in the US
- Protections include freedom of speech and religion
- Protections include the right to a fair wage and protection from discrimination
- Protections include the right to a jury trial and protection from self-incrimination
- Protections include the right to protection from cruel and unusual punishment

Visa holders have certain protections while in the US
Visa holders are also protected from abuse and domestic violence, the right to a fair wage, protection from sex trafficking, and protection from discrimination. However, visiting students or tourists cannot vote or obtain a US driver's license.
The Constitution does not specify whether the First Amendment applies only to citizens. Rather, those who wrote it talked about "the people". At the time the Constitution was written, many of "the people" were born outside the young country. Whether someone is fully protected by the First Amendment can depend on their legal status in the country. Such differences include: natural-born or naturalized citizen; lawful permanent resident (green card holder); authorized non-immigrant worker (such as H-2A or H-1B visa holder); student visa; visitor visa for business or tourism; Deferred Action for Childhood Arrivals (DACA); Temporary Protected Status; refugee or asylum seeker; unauthorized immigrant.
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Protections include freedom of speech and religion
Visa holders in the US have certain protections while they are staying in the country. The US Constitution protects both citizens and non-citizens. Protections include freedom of speech and religion, protection from unreasonable search and seizures, the right to a jury trial, protection from self-incrimination, and the protection from "cruel and unusual" punishment.
The First Amendment does not specify whether it applies only to citizens. Instead, it refers to "the people". At the time the Constitution was written, many of "the people" were born outside the US. Whether someone is fully protected by the First Amendment can depend on their legal status in the country. This includes lawful permanent residents (green card holders), authorised non-immigrant workers (such as H-2A or H-1B visa holders), student visa holders, and visitor visas for business or tourism.
Visa holders do not have the same rights as citizens. For example, visiting students or tourists cannot vote or obtain a US driver's license. However, they are protected from abuse and domestic violence, have the right to a fair wage, and are protected from sex trafficking, discrimination, and human trafficking.
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Protections include the right to a fair wage and protection from discrimination
Visa holders in the US are protected by the US Constitution, which provides freedom of speech and religion, protection from unreasonable search and seizures, the right to a jury trial, protection from self-incrimination, and the protection from "cruel and unusual" punishment.
Protections also include the right to a fair wage and protection from discrimination. Visa holders are protected from abuse and domestic violence, sex trafficking, and human trafficking.
However, visa holders do not have the same rights as citizens. For example, visiting students or tourists cannot vote or obtain a US driver's license.
Whether someone is fully protected by the First Amendment can depend on their legal status in the country. Legal statuses include:
- Natural-born or naturalized citizen
- Lawful permanent resident (green card holder)
- Authorized non-immigrant worker (such as H-2A or H-1B visa holder)
- Student visa holder
- Visitor visa for business or tourism
- Deferred Action for Childhood Arrivals (DACA)
- Temporary Protected Status
- Refugee or asylum seeker
- Unauthorized immigrant
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Protections include the right to a jury trial and protection from self-incrimination
Visa holders in the US have certain protections while they are staying in the country. The US Constitution protects both citizens and non-citizens, and visa holders are included in this. Protections include the right to a jury trial and protection from self-incrimination.
The US Constitution provides freedom of speech and religion, protection from unreasonable search and seizures, the right to a jury trial, protection from self-incrimination, and the protection from "cruel and unusual" punishment to citizens and non-citizens. Non-citizens, temporary workers and visa holders are all protected, but may not have access to specific citizen rights.
Longstanding Supreme Court precedent, for the most part, restricts states from discriminating against non-citizens. However, it is important to note that visa holders do not have the same rights as citizens. For example, visiting students or tourists cannot vote or obtain a US driver's license.
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Protections include the right to protection from cruel and unusual punishment
Visa holders in the US are protected by the US Constitution, which includes the right to protection from cruel and unusual punishment. The US Constitution protects both citizens and non-citizens, and visa holders are considered non-citizens.
The US Constitution provides several rights and protections to visa holders, including freedom of speech and religion, protection from unreasonable searches and seizures, the right to a jury trial, and protection from self-incrimination. These rights are guaranteed to all individuals within the United States, regardless of their citizenship status.
While visa holders do have certain protections, they do not have the same rights as citizens. For example, they cannot vote or obtain a US driver's license. However, they are still entitled to basic human rights and protections, such as protection from abuse, domestic violence, sex trafficking, and discrimination.
The US has also implemented laws to protect its temporary workforce, including visa holders. Efforts have been made to combat human trafficking and ensure fair wages for all workers, regardless of their immigration status. Additionally, "sanctuary cities" such as San Francisco, New Orleans, Newark, and Seattle have chosen to limit their cooperation with federal immigration enforcement agencies, providing additional protections to visa holders and immigrants.
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Frequently asked questions
Yes, the US Constitution protects both citizens and non-citizens. Visa holders have certain protections while they are staying in the US, but they do not have the same rights as citizens.
Visa holders have the right to freedom of speech and religion, protection from unreasonable search and seizures, the right to a jury trial, protection from self-incrimination, and protection from "cruel and unusual" punishment. They are also protected from abuse and domestic violence, have the right to a fair wage, and are protected from sex trafficking and discrimination.
No, visiting students or tourists cannot vote or obtain a US driver's license.
The First Amendment provides freedom of speech and religion. The Constitution does not specify whether the First Amendment applies only to citizens, but rather refers to "the people".
Longstanding Supreme Court precedent restricts states from discriminating against non-citizens. However, non-citizens may not have access to specific citizen rights.

























