Foreign Nationals And The Constitution: What Protections Exist?

The US Constitution has been interpreted as protecting non-citizens in several cases, including Chinese immigrants challenging the seizure of their property, and Chinese labourers. In these cases, the Supreme Court ruled that the term “person” under the Fifth Amendment applied to aliens living in the US, and that they are entitled to protection of the laws. In addition, the basic right of habeas corpus to challenge illegal detentions extends even to non-citizens on foreign territory. If someone is picked up by the police, they have the same Miranda and due process rights in all contexts except immigration law.

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Non-citizens' rights to due process and a jury

The US Constitution does extend to non-citizens once they are inside the country. 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 2008, the U.S. Supreme Court decision, Boumediene v. Bush, held that the basic right of habeas corpus to challenge illegal detentions extends even to non-citizens on foreign territory.

According to constitutional scholar Andrew Kent, "If somebody is picked up by police they have the same Miranda and due process rights in all contexts except immigration law."

Non-citizens' rights under the Fourth and Fifth Amendments

The Fourth and Fifth Amendments of the US Constitution do extend to non-citizens, including immigrants and undocumented individuals, once they are inside the country. This means that non-citizens are entitled to the same protections as citizens when confronted by law enforcement or facing criminal charges.

Under the Fourth Amendment, non-citizens are protected from the arbitrary seizure of their property. The Fifth Amendment ensures that non-citizens' property can only be taken by the government for public use, and only if just compensation is paid. It also guarantees the right to due process, including the right to a lawyer and the right to remain silent.

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. This means that non-citizens have the same Fifth Amendment procedural rights as citizens, including the right to a jury trial, the right to counsel, and protection against self-incrimination.

The Constitution does reserve a few rights for citizens alone, such as the Privileges and Immunities Clause of Article IV, Section 2, and the Privileges or Immunities Clause of the Fourteenth Amendment.

Non-citizens' rights to protection of person and property

The U.S. Constitution does extend to non-citizens once they are inside the country. This has been established in cases dating back to the 1800s, including those brought by Chinese immigrants challenging the arbitrary seizure of their property. In these cases, the rights of non-citizens under the Fourth and Fifth Amendments were established, including due process and the right to a jury.

In the 1898 decision 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. This was further supported by the case of Fong Yue Ting v. U.S., where the court held that Chinese labourers, "like all other aliens residing in the United States," are entitled to protection of the laws.

Additionally, in the 2008 U.S. Supreme Court decision of Boumediene v. Bush, it was held that the basic right of habeas corpus to challenge illegal detentions extends even to non-citizens on foreign territory.

Andrew Kent, a constitutional scholar at Fordham Law, has stated that there is no dispute that if someone is picked up by the police, they have the same Miranda and due process rights in all contexts except immigration law.

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Non-citizens' rights to challenge illegal detentions

The US Constitution does protect non-citizens from illegal detention. In the 2008 US Supreme Court decision Boumediene v. Bush, it was held that the basic right of habeas corpus to challenge illegal detentions extends even to non-citizens on foreign territory.

In the US, non-citizens have the same Miranda and due process rights as citizens in all contexts except immigration law. 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' rights to Miranda rights

The US Constitution does protect non-citizens in certain contexts. For example, in the 2008 US Supreme Court decision, Boumediene v. Bush, it was held that the basic right of habeas corpus to challenge illegal detentions extends even to non-citizens on foreign territory. In addition, 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 terms of Miranda rights, non-citizens are also protected. Attorney Patrick Barone explains that Miranda rights apply to nearly everyone in the United States. This means that if a non-citizen is arrested and questioned by law enforcement, they have the right to be advised of their Miranda rights, which include the right to remain silent and the right to an attorney. However, it is important to note that Miranda rights do not apply in the context of immigration law.

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