Isabella Carter
The US Constitution does not expressly guarantee the rights of undocumented immigrants, but it does protect their human rights once they are in the country. The Fifth and Fourteenth Amendments of the Constitution guarantee undocumented immigrants the right to be informed of the charges against them, the right to an attorney, and the right to present evidence in their defence. The Supreme Court has also recognised the right to live with one's family as a fundamental human right protected by the Due Process Clause of the Fifth and Fourteenth Amendments.
| Characteristics | Values |
|---|---|
| Criminal charge-related elements of the Constitution's amendments | First, Fourth, Fifth, Sixth and Fourteenth |
| Aliens, legal and illegal, have constitutional protection in | Criminal and certain civil affairs in the justice system |
| Aliens shall not be held to answer for a crime unless | On presentment or indictment of a grand jury |
| Aliens shall not be | Deprived of life, liberty or property without due process of law |
| Aliens in the United States whose presence is unlawful, involuntary or transitory have the right to | Due process |
| Illegally present children have the right to | Attend grade schools |
| Non-citizens blocked from entering the US have the right to | Challenge illegal detentions |
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![Encyclopedia of Constitutional Amendments, Proposed Amendments, and Amending Issues, 1789–2010 [2 volumes]](https://m.media-amazon.com/images/I/517xUcN9hdL._AC_UY218_.jpg)
What You'll Learn
The Equal Protection clause
In addition, the Equal Protection Clause has been interpreted to mean that all criminal charge-related elements of the Constitution's amendments, such as search and seizure, self-incrimination, trial by jury and due process, protect non-citizens, regardless of their legal status. This interpretation was affirmed in the case of Almeida-Sanchez v. United States (1973), where the court ruled that these protections apply to all persons within the United States, including those who are illegally present.
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The 14th Amendment
In 1896, the court ruled in Wong Win v. United States that 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. This ruling was based on the 14th Amendment.
In 2001, the US Supreme Court ruled in Zadvydas v. Davis that the "due process" of the 14th Amendment applies to all aliens in the United States, regardless of their legal status. This ruling was based on the idea that aliens, even if they are unlawfully present, are entitled to constitutional protection in criminal and certain civil affairs in the justice system.
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Criminal and civil affairs in the justice system
The US Constitution does protect non-citizens in criminal and certain civil affairs in the justice system. The 14th Amendment states that all persons within the territory of the United States are entitled to protection by 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 2001, the US Supreme Court ruled in Zadvydas v. Davis 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". 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.
The American Civil Liberties Union (ACLU) and immigration advocates argue that non-citizens who have already received the required papers have the right to due process and entry. They also argue that the Constitution extends to refugees with no papers to at least have their cases considered before they are returned to the countries they are fleeing.
In 2008, the US Supreme Court ruled in Boumediene v. Bush that the basic right of habeas corpus to challenge illegal detentions extends even to non-citizens on foreign territory.
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The Fifth Amendment
In addition to these protections, the Fifth Amendment also guarantees the right to a grand jury for all "capital or other infamous crimes". This right was affirmed for non-citizens in Wong Win v. United States (1896).
Overall, the Fifth Amendment provides significant protections for non-citizens and ensures that they are afforded due process and fair treatment under the law. These protections have been affirmed by the US Supreme Court in multiple cases, demonstrating a commitment to upholding the rights of all persons within the United States, regardless of their legal status.
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The right to an attorney
In Wong Win v. United States (1896), the court ruled that even aliens shall not be held to answer for a capital or other infamous crime without due process of law, which includes the right to an attorney. This ruling was reaffirmed in Zadvydas v. Davis (2001), where the Supreme Court held that due process of the 14th Amendment applies to all aliens in the United States, regardless of their legal status.
In addition to the right to an attorney, non-citizens also have other constitutional protections, such as the right to due process, freedom of religion, and protection from illegal search and seizure. These rights are guaranteed by the First, Fourth, Fifth, and 14th Amendments, and apply to all people within the United States, regardless of their legal status.
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Frequently asked questions
Yes, the US Constitution protects the human rights of illegal immigrants.
An illegal immigrant is a foreign national who has entered the United States without the government's permission or has stayed beyond their visa's expiration date.
Illegal immigrants have the right to be informed of the charges against them, the right to an attorney, and the right to present evidence in their defence. They are also protected by the Due Process Clause of the Fifth and Fourteenth Amendments, which means that the government cannot take away their right to live with their family without going through a legal process and providing a compelling justification.
Yes, illegal immigrants have the right to an attorney under the Zero-Tolerance Policy signed by President Trump in 2018, which states that all undocumented immigrants caught crossing the border illegally are entitled to legal counsel.
No, the Due Process Clause of the Fifth Amendment states that no person shall be "deprived of life, liberty or property, without due process of law". This means that a person cannot be deported without first going through the legal system to determine if they are guilty of the crime they are accused of.
