Eleanor Finch
The United States Constitution does protect illegal aliens. The 14th Amendment states that no state shall 'deprive any person of life, liberty or property, without due process of law'. In 1896, the court ruled that 'all persons within the territory of the United States are entitled to the protection' of the Fifth and Sixth Amendments. In 2001, the Supreme Court ruled that the 'due process' of the 14th Amendment applies to all aliens in the United States, regardless of their legal status.
| Characteristics | Values |
|---|---|
| Constitutional rights | Illegal aliens have constitutional rights, including the right to due process |
| Equal protection | No state shall deny any person within its jurisdiction the equal protection of the laws |
| Criminal charges | The First, Fourth, Fifth, Sixth and 14th Amendments protect non-citizens, legally or illegally present, in criminal and certain civil affairs |
| Education | The Supreme Court ruled that the state of Texas could not enforce a state law that prohibited illegally present children from attending grade schools |
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What You'll Learn
The 14th Amendment
In 1973, the court ruled in Almeida-Sanchez v. United States that all criminal charge-related elements of the Constitution’s amendments (the First, Fourth, Fifth, Sixth and the 14th) such as search and seizure, self-incrimination, trial by jury and due process, protect non-citizens, legally or illegally present.
Three key Supreme Court decisions in 1886, 1896 and 1903 laid the 14th Amendment basis for the consistent ruling of the court that aliens, legal and illegal, have constitutional protection in criminal and certain civil affairs in the justice system.
In Wong Win v. United States (1896), the court ruled that all persons within the territory of the United States are entitled to the protection of the Fifth and Sixth Amendments, and that even aliens shall not be held to answer for a capital or other infamous crime, unless on presentment or indictment of a grand jury, nor deprived of life, liberty or property without due process of law.
In Zadvydas v. Davis (2001), the Supreme Court ruled that the "due process" of the 14th Amendment applies to all aliens in the United States whose presence may be or is "unlawful, involuntary or transitory".
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The Fifth Amendment
In Almeida-Sanchez v. United States (1973), the court ruled that all criminal charge-related elements of the Constitution's amendments, including the Fifth Amendment, protect non-citizens, legally or illegally present.
In addition to the Fifth Amendment, the 14th Amendment also provides protection to illegal aliens. The 14th Amendment states that no state shall "deprive any person of life, liberty or property, without due process of law", and this has been interpreted to apply to all persons within the United States, including illegal aliens. The Supreme Court has ruled that the "due process" clause of the 14th Amendment applies to all aliens in the United States, regardless of their immigration status.
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The Sixth Amendment
In the case of Almeida-Sanchez v. United States (1973), the Supreme Court ruled that all criminal charge-related elements of the Constitution's amendments, including the Sixth Amendment, protect non-citizens, regardless of their legal status. This ruling was based on three key Supreme Court decisions in 1886, 1896, and 1903, which established that aliens, both legal and illegal, have constitutional protection in criminal and certain civil affairs within the justice system.
While the Sixth Amendment provides important rights to illegal aliens, it is important to note that their legal status may still impact their ability to fully exercise these rights. For example, illegal aliens may face additional challenges in accessing legal representation or navigating the criminal justice system due to language barriers or fear of deportation. Nonetheless, the Sixth Amendment serves as a critical safeguard against potential injustices and ensures that all individuals accused of crimes are afforded certain fundamental rights.
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The First Amendment
The amendment also protects the free exercise of religion, which means that illegal aliens are free to practise their religious beliefs and participate in religious activities without interference from the government. This includes the right to worship, pray, and observe religious holidays and rituals according to their own traditions.
In addition, the First Amendment guarantees the right to peaceably assemble and petition the government for redress of grievances. This means that illegal aliens have the right to gather peacefully, protest, and advocate for their rights and interests without fear of punishment or retaliation from the authorities.
While illegal aliens do not have the right to vote or hold public office, they are still protected by the Constitution and are entitled to due process and equal protection under the law. This means that they cannot be arbitrarily detained, denied access to legal counsel, or deprived of their liberty or property without just cause and a fair trial.
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The Fourth Amendment
The Supreme Court has ruled in several cases that illegal aliens have constitutional protection in criminal and certain civil affairs in the justice system. For example, in Zadvydas v. Davis (2001), the Supreme Court ruled that the "due process" of the 14th Amendment applies to all aliens in the United States, regardless of their legal status. In Wong Win v. United States (1896), the court ruled that all persons within the territory of the United States are entitled to the protection of the Fifth and Sixth Amendments, including illegal aliens.
The idea that illegal aliens have constitutional rights is not a new one. James Madison, the fourth president of the United States and a principal author of the Constitution, wrote that aliens, "owe, on the one hand, a temporary obedience, [and] are entitled, in return, to their [constitutional] protection and advantage".
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Frequently asked questions
Yes, illegal aliens have constitutional rights.
The First, Fourth, Fifth, Sixth and 14th Amendments, such as search and seizure, self-incrimination, trial by jury and due process.
No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
The Equal Protection Clause provides that no state shall 'deny to any person within its jurisdiction the equal protection of the laws'.
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