Eleanor Finch
The United States Constitution provides the same protections to all persons on its soil, not just its citizens. This includes immigrants, asylum seekers, undocumented workers and visitors. While there are some rights only citizens have, such as voting in presidential elections, most other rights provided by the Constitution are for all people. This includes the right to due process and the right to a jury.
| Characteristics | Values |
|---|---|
| Who does the Constitution protect? | All persons on American soil |
| What rights are protected? | Due process, life, liberty, property, freedom of religion |
| Who is not protected? | Non-citizens are not protected by all rights under the Constitution |
| Who has challenged the Constitution? | Trump supporters, Trump |
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What You'll Learn
The Fifth Amendment and due process
The Fifth Amendment to the United States Constitution provides that "no person... shall be... deprived of life, liberty, or property without due process of law". This means that everyone physically on US soil is protected by the Fifth Amendment, including immigrants, asylum seekers, and undocumented workers.
In 1993, Supreme Court Justice Antonin Scalia wrote that the Fifth Amendment entitles "aliens" due process in incarceration and deportation proceedings. This means that immigrants, asylum seekers, and undocumented workers are entitled to the same protections as US citizens when it comes to their liberty and property.
Despite these clear protections, the rights of immigrants, asylum seekers, and undocumented workers have been and continue to be denied in numerous cases. This includes instances of unjust incarceration and deportation without due process.
The Fifth Amendment's protection of due process for all persons on US soil has been reaffirmed in several court cases. 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 under the law.
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The right to a jury
The Fifth Amendment states that "no person... shall be... deprived of life, liberty, or property without due process of law". This was affirmed in the 1898 Supreme Court decision, U.S. v. Wong Kim Ark, which ruled that the term "person" under the Fifth Amendment applied to aliens living in the U.S.
In addition, the Fourth Amendment also extends certain rights to non-citizens, including the right to due process and the right to a jury. This was established in cases dating back to the 1800s, where Chinese immigrants successfully challenged the arbitrary seizure of their property.
While non-citizens do not share all the rights of citizens, the Constitution provides significant protections to all persons within the country's jurisdiction. This includes the right to a jury trial, which is a fundamental aspect of the American legal system and a key safeguard against potential abuses of power.
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Freedom of religion
The United States Constitution provides the same protections to all persons on American soil, not just its citizens. This means that the Constitution protects the freedom of religion of all persons on American soil, including foreigners.
The Fifth Amendment states that "no person... shall be... deprived of life, liberty, or property without due process of law". This means that all persons on American soil, including foreigners, have the right to freedom of religion. The Supreme Court has ruled that the term "person" under the Fifth Amendment applies to aliens living in the US.
The First Amendment also protects the freedom of religion. The American Civil Liberties Union and many legal scholars believe that Trump's order to single out Muslim immigrants for discriminatory treatment violates the First Amendment freedom of religion. They argue that when the US government establishes a preferred religion, it violates the Constitution.
While non-citizens do not share all the rights of citizens under the US Constitution, they are still protected by the Constitution's provisions on freedom of religion. This includes the right to due process and the right to a jury. 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.
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The right to challenge illegal detention
In the case of *Fong Yue Ting v. U.S.*, the court held that Chinese labourers were entitled to protection under the law, just like all other aliens residing in the United States. This ruling was further supported by Supreme Court justice Antonin Scalia in 1993, who wrote that the Fifth Amendment entitles "aliens" due process in incarceration and deportation proceedings.
Despite these clear protections, there have been numerous cases where the rights of immigrants, asylum seekers, and undocumented workers have been denied. This includes instances of unjust incarceration and deportation without due process.
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The right to protection of the laws
The Fifth Amendment states that "no person... shall be... deprived of life, liberty, or property without due process of law". This means that everyone physically present in the US is entitled to due process, including in incarceration and deportation proceedings. The Supreme Court has also ruled that the term "person" under the Fifth Amendment applies to non-citizens living in the US.
While there are some rights that are exclusive to citizens, such as voting in presidential elections, most of the provisions of the Constitution are based on personhood and jurisdiction rather than citizenship. This means that non-citizens are subject to the same laws and protections as citizens, including the right to challenge illegal detentions and the freedom of religion.
Despite these constitutional protections, the rights of immigrants, asylum seekers, and undocumented workers are often denied or violated. This has led to legal battles and debates around the rights of non-citizens in the US.
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Frequently asked questions
Yes, the US Constitution protects all persons on US soil, including foreigners. This means that immigrants, asylum seekers, undocumented workers and visitors are all protected by the Constitution.
Foreigners are protected by the Fifth Amendment, which states that "no person... shall be... deprived of life, liberty, or property without due process of law". This includes the right to due process and the right to a jury.
Yes, there are some rights that only citizens have, such as the right to vote in presidential elections. Foreigners are also subject to immigration law, which gives the executive branch the authority to determine whether they are allowed to remain in the country.
Yes, in a 2008 US Supreme Court decision, Boumediene v. Bush, it was held that the basic right of habeas corpus to challenge illegal detention extends to non-citizens on foreign territory.
Yes, the First Amendment freedom of religion protects all persons in the US, including foreigners. This means that the government cannot establish a preferred religion, as this would violate the Constitution.
