Omar Bennett
The U.S. Constitution is often thought to apply only to U.S. citizens, but this is a misconception. While some passages and phrases in U.S. law explicitly state that only citizens are afforded certain rights, such as the right to vote, the use of the terms “resident” or “person” in other passages extends the rights and privileges to protect citizens and non-citizens alike. The Bill of Rights, for example, protects everyone, including undocumented immigrants, to exercise free speech, religion, assembly, and to be free from unlawful government interference. The Fourth and Fifth Amendments also establish the rights of non-citizens to due process and the right to a jury.
| Characteristics | Values |
|---|---|
| The U.S. Constitution applies to non-citizens | Yes |
| The U.S. Constitution applies to non-Americans | Yes |
| The U.S. Constitution applies to undocumented immigrants | Yes |
| The U.S. Constitution applies to non-citizens blocked from entering the U.S. | Yes |
| The U.S. Constitution applies to enemy combatants held at the U.S. base in Guantanamo Bay | Yes |
| The U.S. Constitution applies to aliens living in the U.S. | Yes |
| The U.S. Constitution applies to Chinese immigrants | Yes |
| The U.S. Constitution applies to Chinese labourers | Yes |
| The U.S. Constitution applies to Muslim immigrants | Yes |
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What You'll Learn
The U.S. Constitution protects non-citizens from unlawful government interference
The Constitution's protections extend to non-citizens once they are inside the country. For example, the Fourth and Fifth Amendments guarantee non-citizens due process and the right to a jury. 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 U.S. Similarly, 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 under the laws.
The U.S. Constitution also protects non-citizens from unlawful government interference in the context of immigration. In the 2008 case of Boumediene v. Bush, the U.S. Supreme Court held that the basic right of habeas corpus to challenge illegal detentions extends even to non-citizens on foreign territory. This means that non-citizens who are blocked from entering the U.S., such as at JFK International Airport, have the right to challenge their detention in court.
Additionally, the American Civil Liberties Union and many legal scholars believe that Trump's executive order on immigration violates the First Amendment freedom of religion by singling out Muslim immigrants for discriminatory treatment.
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The 14th Amendment ensures no group is discriminated against
The US Constitution does protect non-citizens, as confirmed by four federal judges who blocked the enforcement of President Trump's executive order on immigration. The Constitution applies to non-citizens in the same way it applied to enemy combatants held at Guantanamo Bay. 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. The 14th Amendment has been vital in protecting the equal protection and due process rights of a greater number of people. It has been used to support the right of transgender students to receive access to education, prohibit racial segregation in schools, and end restrictions against mixed-race marriages. The 14th Amendment was enacted with the intent to support a series of race-conscious programs that were created to aid Black people. The Fourteenth Amendment addresses many aspects of citizenship and the rights of citizens. The most commonly used phrase in the amendment is "equal protection of the laws", which has figured prominently in landmark cases including Brown v. Board of Education (racial discrimination) and Reed v. Reed (gender discrimination).
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The Fifth Amendment applies to aliens living in the U.S
The U.S. Constitution does protect non-citizens, although there is a misconception that it only applies to U.S. citizens. In fact, the Bill of Rights protects everyone, including undocumented immigrants, to exercise free speech, religion, assembly, and to be free from unlawful government interference.
The Fifth Amendment, as well as the Fourteenth Amendment, protects every person from deprivation of life, liberty, or property without due process of law. In Plyler v. Doe, 457 U.S. 202, 215 (1982), the court held that unlawfully present aliens were entitled to both due process and equal protection under the Fourteenth Amendment. The Court reasoned that aliens physically present in the United States, regardless of their legal status, are recognised as “persons” guaranteed due process of law by the Fifth and Fourteenth Amendments.
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.
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Non-citizens have the right to due process and a jury
The U.S. Constitution applies to non-citizens in the same way it applied to enemy combatants held at the U.S. base in Guantanamo Bay in a 2008 U.S. Supreme Court decision, Boumediene v. Bush, which held that the basic right of habeas corpus to challenge illegal detentions extends even to non-citizens on foreign territory.
The American Civil Liberties Union and many legal scholars also believe that Trump's order violates the First Amendment freedom of religion by singling out Muslim immigrants for discriminatory treatment.
There is a misconception that the U.S. Constitution applies only to U.S. citizens. However, when the terms “resident” or “person” are used instead of "citizen", the rights and privileges afforded are extended to protect citizens and non-citizens alike. The Bill of Rights protects everyone, including undocumented immigrants, to exercise free speech, religion, assembly, and to be free from unlawful government interference.
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The First Amendment protects freedom of religion
The U.S. Constitution does protect non-citizens, according to four federal judges. This was demonstrated in the 2008 U.S. Supreme Court decision, Boumediene v. Bush, which held that the basic right of habeas corpus to challenge illegal detentions extends even to non-citizens on foreign territory.
There is a misconception that the U.S. Constitution applies only to U.S. citizens. However, when the terms “resident” or “person” are used instead of "citizen", the rights and privileges afforded are extended to protect citizens and non-citizens alike. The Bill of Rights 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.
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Frequently asked questions
Yes, the US Constitution protects non-citizens. The Bill of Rights protects everyone, including undocumented immigrants, to exercise free speech, religion, assembly, and to be free from unlawful government interference.
The right to vote is only afforded to citizens.
Non-citizens have the right to due process in all contexts except immigration law.
Non-citizens have the right to a jury under the Fourth and Fifth Amendments.
