Omar Bennett
The US Constitution does extend certain protections to non-citizens, including undocumented immigrants. The 14th Amendment ensures that no particular group is discriminated against unlawfully, and the Bill of Rights protects everyone's right to free speech, religion, assembly, and freedom from unlawful government interference. Non-citizens also have the right to due process and a jury trial, as well as protection from unlawful searches and seizures. However, they are subject to immigration law, which gives the executive branch broad authority to determine whether they can remain in the country.
| Characteristics | Values |
|---|---|
| Right to vote | Citizens only |
| Right to free speech | Citizens and non-citizens |
| Right to religion | Citizens and non-citizens |
| Right to assembly | Citizens and non-citizens |
| Right to due process | Citizens and non-citizens |
| Right to a jury | Citizens and non-citizens |
| Right to a speedy and public trial | Citizens and non-citizens |
| Right against unlawful searches and seizures | Citizens and non-citizens |
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What You'll Learn
Non-citizens' rights to free speech, religion, assembly, and freedom from unlawful government interference
Non-citizens in the US are afforded certain protections under the Constitution. While some passages in the law explicitly state that only 'citizens' are afforded certain rights, such as the right to vote, the use of the terms 'resident' or 'person' means that rights and privileges are extended to protect citizens and non-citizens alike.
The 14th Amendment ensures that no particular group is discriminated against unlawfully, and that no person can be deprived of life, liberty or property without due process of law. The Bill of Rights also protects everyone, including undocumented immigrants, to exercise free speech, religion, assembly, and to be free from unlawful government interference.
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 U.S. 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.
Non-citizens are subject to immigration law, under which the executive branch has broad authority to determine whether it wants them in the country or not. Any non-citizen can be placed in immigration proceedings, including long-time permanent residents, and even former US citizens whose citizenship is revoked.
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Non-citizens' right to a fair trial
Non-citizens are subject to immigration law, under which the executive branch has broad authority to determine whether they are allowed to remain in the country. However, the US Constitution does extend certain protections to non-citizens.
The 14th Amendment ensures that no state can deprive any person of life, liberty or property without due process. The Bill of Rights also protects everyone, including undocumented immigrants, to exercise free speech, religion, assembly, and to be free from unlawful government interference.
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 U.S. In Fong Yue Ting v. U.S., the court held that Chinese laborers, “like all other aliens residing in the United States,” are entitled to protection of the laws.
In addition, undocumented immigrants charged with a criminal offence have the same due process protections as everyone else, the right to a speedy and public trial by jury, the right against unlawful searches and seizures, and the right to be free from cruel and unusual punishment.
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Non-citizens' right to not be discriminated against
Non-citizens have some protections under the US Constitution. The 14th Amendment ensures that no particular group is discriminated against unlawfully. The Bill of Rights protects everyone, including undocumented immigrants, to exercise free speech, religion, assembly, and to be free from unlawful government interference.
Non-citizens also have the right to 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 U.S. In Fong Yue Ting v. U.S., the court held that Chinese laborers, “like all other aliens residing in the United States,” are entitled to protection of the laws.
In addition, federal law prohibits employers from discriminating against people based on their citizenship or immigration status, or their national origin. The Immigration Reform and Control Act of 1986 (IRCA) makes it illegal for an employer to discriminate with respect to hiring, firing, or recruitment or referral for a fee, based upon an individual's citizenship or immigration status. The law prohibits employers from hiring only U.S. citizens or lawful permanent residents unless required to do so by law, regulation or government contract.
However, it is important to note that non-citizens are still subject to immigration law, under which the executive branch has broad authority to determine whether they are allowed to remain in the country. Any non-citizen can be placed in immigration proceedings, including long-time permanent residents, and even former U.S. citizens whose citizenship is revoked.
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Non-citizens' right to vote
The US Constitution does extend certain protections to non-citizens, including the right to due process and the right to a jury. However, the right to vote is explicitly reserved for citizens. The 14th Amendment ensures that no particular group is discriminated against unlawfully, and the Bill of Rights protects everyone's freedom of speech, religion, and assembly, as well as their right to be free from unlawful government interference.
Non-citizens, including undocumented immigrants, are protected by the Fourth and Fifth Amendments, which include the right to due process and the right to a jury. These rights have been established through cases dating back to the 1800s, such as Chinese immigrants challenging the arbitrary seizure of their property. In U.S. v. Wong Kim Ark (1898), the Supreme Court ruled that the term "person" under the Fifth Amendment applied to aliens living in the US. Similarly, in Fong Yue Ting v. U.S., the court held that Chinese labourers were entitled to protection under the laws, just like all other aliens residing in the country.
While non-citizens do have some constitutional protections, they are still subject to immigration law, which gives the executive branch broad authority to determine whether they can remain in the country. Any non-citizen, including long-time permanent residents and former US citizens, can be placed in immigration proceedings. The Constitution ensures that these procedures are handled fairly and in accordance with the law.
In summary, while non-citizens do not have the right to vote, they are afforded certain protections under the US Constitution, including due process, the right to a jury, and freedom from unlawful government interference. These protections extend to all people residing in the country, regardless of their citizenship status.
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Non-citizens' right to be in the country
Non-citizens have some protections under the US Constitution. The 14th Amendment ensures that no state can deprive any person of life, liberty or property without due process. The Bill of Rights also protects everyone's freedom of speech, religion, assembly, and freedom from unlawful government interference.
Non-citizens are also protected by the Fourth and Fifth Amendments, which include the right to due process and a jury trial. In the 1898 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.
However, non-citizens are subject to immigration law, which gives the executive branch broad authority to determine whether they can remain in the country. Any non-citizen can be placed in immigration proceedings, including long-time permanent residents and former US citizens whose citizenship has been revoked.
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Frequently asked questions
Yes, non-citizens are protected by the 14th Amendment, which ensures that no particular group is discriminated against unlawfully. The Bill of Rights also protects everyone, including undocumented immigrants, to exercise free speech, religion, assembly, and to be free from unlawful government interference.
Non-citizens have the right to due process and the right to a jury. They are also protected from unlawful searches and seizures.
Yes, any non-citizen can be placed in immigration proceedings, including long-time permanent residents and former U.S. citizens whose citizenship has been revoked. The constitution ensures that these procedures are handled fairly and in line with the law.
