Omar Bennett
The United States Constitution provides the same protections to all persons on its soil, not just its citizens. While certain rights are reserved exclusively for citizens, such as voting in presidential elections, most rights are extended to everyone, including immigrants, asylum seekers, and undocumented workers. This means that anyone on American soil has the right to petition the government, assemble peacefully, and be protected from unreasonable searches and seizures, among other rights outlined in the Constitution. However, there are challenges in assuring these rights, and cases of civil rights violations against immigrants have been documented.
| Characteristics | Values |
|---|---|
| Who does the US Constitution apply to? | Everyone on US soil, regardless of nationality or legal status |
| What rights does it grant? | Freedom of religion and speech, the right to due process, equal protection under the law, the right to counsel, the right to assemble, the right to not be subjected to unreasonable searches, the right to not allow soldiers/military in one's home, the right to not be charged with a serious crime without being indicted by a grand jury, the right to family integrity, the right to bear arms, the right to vote (for citizens only) |
| Who is considered a citizen? | All persons born or naturalized in the US and subject to its jurisdiction are citizens |
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What You'll Learn
The US Constitution grants equal protection to all on US soil
The United States Constitution grants equal protection to all on US soil, regardless of nationality or legal status. This means that immigrants, asylum seekers, undocumented workers, and visitors are all protected by the Constitution. While certain rights are reserved for citizens, such as the right to vote, most of the provisions of the Constitution apply to all "persons" or "people" rather than "citizens".
The Fifth Amendment, for example, states that "no person [...] shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law." This right to due process is at the heart of many immigration cases and applies to citizens and non-citizens alike. The Sixth Amendment also guarantees the right to counsel for anyone facing criminal charges, and the Supreme Court has ruled that the government must appoint an attorney for those who cannot afford one.
Additionally, the Constitution protects the right to free speech, religion, and assembly, as well as the right to be free from unlawful government interference. These rights are outlined in the Bill of Rights and apply to everyone, including undocumented immigrants. The 14th Amendment further ensures that no particular group is discriminated against unlawfully and that all persons within the US jurisdiction are afforded equal protection under the laws.
Despite these constitutional protections, immigrants and other non-citizens may still face challenges in asserting their rights. For example, in some cases, immigrants may be deported without a proper hearing, and civil rights violations, such as racial profiling and discriminatory treatment, have been documented under recent administrations. Nonetheless, the US Constitution remains a foundational document that guarantees equal protection and rights to all individuals on American soil.
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Non-citizens are protected by the Constitution
The United States Constitution provides protections for all persons on American soil, not just its citizens. While there are some rights exclusively for citizens, such as voting in presidential elections, most rights are for all people, including immigrants, asylum seekers, undocumented workers, and visitors.
The Constitution uses the terms "people" or "person" rather than "citizen" in many sections, indicating that these rights apply to everyone physically present in the US, regardless of citizenship. These rights include the freedom of religion, speech, and assembly, as well as the right to due process and equal protection under the law. For example, the Fifth Amendment states that "no person ... shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law."
The Supreme Court has also ruled in several cases that non-citizens are entitled to certain protections under the Constitution. In U.S. v. Wong Kim Ark, the Court decided that the term "person" in the Fifth Amendment includes aliens living in the US. Similarly, in Fong Yue Ting v. U.S., the Court held that Chinese laborers, like all other aliens, are entitled to protection under the law.
Additionally, the Fourteenth Amendment states that "all persons born or naturalized in the United States and subject to its jurisdiction are citizens," which has been interpreted to include some people of African descent who were previously excluded from citizenship based on their race.
However, it is important to note that non-citizens do not share all the rights of citizens. They are subject to immigration law, which gives the executive branch significant discretion in determining who is allowed to enter and remain in the country. Nonetheless, even in the context of immigration law, non-citizens have certain due process rights, such as the right to a hearing and the right to counsel if accused of a felony.
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The right to vote is reserved for citizens
The right to vote in the United States is reserved for citizens, but this has not always been the case. In the early years of the nation, states were left with the power to decide who qualified to vote, leading to considerable variation. While most states restricted voting to white, property-owning or tax-paying men, some states, like New Jersey, allowed free Black men and women of both races to vote, provided they met property or tax requirements. Wyoming granted women the right to vote in 1869, long before the 19th Amendment was passed in 1920. Native Americans were only recognised as US citizens in 1879, and even then, those on Indian reservations were still considered citizens of their own tribes, and they were denied the right to vote. It wasn't until 1924 that all Native Americans were granted citizenship and the right to vote, and some western states continued to bar them from voting until 1948. Chinese immigrants were given the right to citizenship and the right to vote by the Magnuson Act in 1943.
The 14th Amendment, passed in 1868, states that "all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside". This amendment extended citizenship to all natural-born or naturalized Americans, regardless of race, and guaranteed that rights of citizenship, including voting. The 15th Amendment, passed in 1870, prohibits anyone from denying the right to vote based on race or colour. The 19th Amendment, passed in 1920, prohibits denying the right to vote based on sex. The 24th Amendment, passed in 1964, explicitly bans poll taxes, which often prevented low-income citizens from voting. The 26th Amendment, ratified in 1971, lowered the voting age for all elections to 18.
While the US Constitution provides the same protections to all persons on American soil, there are some rights reserved only for citizens, and voting in presidential elections is one of them. Congress passed a law in 1996 prohibiting illegal immigrants from voting for the president, vice president, presidential elector, member of the Senate, member of the House of Representatives, delegate from the District of Columbia, or resident commissioner.
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Immigrants' rights are not always respected
The US Constitution protects all people on American soil, not just its citizens. The Constitution's Human Rights Protections afford everyone on US soil the right to petition the government without punishment, assemble peacefully, and not be subjected to unreasonable searches or seizures without due process.
However, immigrants' rights are not always respected. The ACLU has been at the forefront of almost every major legal struggle on behalf of immigrants' rights for over 25 years, challenging laws that deny immigrants access to the courts, impose indefinite and mandatory detention, and discriminate on the basis of nationality. In 2013, 83% of people deported from the US were not given a hearing before a judge. While the US Constitution does not expressly guarantee the right to family unity, the courts have used this right to strike down various immigration laws and policies, including the Trump administration's family separation policy.
Undocumented immigrants often face discrimination and mistreatment due to their lack of legal recognition by the US government. They have the right to legal procedures in civil, criminal, agency, and administrative matters, but the right to legal counsel is limited to criminal cases. Deportation proceedings are not criminal proceedings, and immigrants facing deportation are not granted the right to legal counsel. The bar for what constitutes evidence is also lax in immigration court, with hearsay counting as admissible evidence.
While the Constitution does not prohibit anyone from voting, Congress has passed laws barring noncitizens from voting. The 14th Amendment states that "all persons born or naturalized in the United States and subject to its jurisdiction are citizens," but this has never been interpreted to extend citizenship universally to everyone born in the US.
In conclusion, while the US Constitution provides protections for all persons on American soil, immigrants' rights are not always respected in practice. They face discrimination, denial of legal rights, and separation from their families. The ACLU and other organizations are working to defend and expand immigrants' rights, but there is still work to be done to ensure that the protections afforded by the Constitution are upheld for everyone.
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Due process is a constitutional right
The United States Constitution and its Bill of Rights provide protections to all persons on US soil, not just its citizens. While certain rights are reserved for citizens alone, such as voting in presidential elections, most other rights are afforded equally to citizens, immigrants, asylum seekers, undocumented workers, and visitors.
The Fifth Amendment, for instance, states that "no person [...] shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law." This right to due process is a constitutional guarantee, protecting individuals from arbitrary deprivation of life, liberty, or property by the state. Due process rights include the right to cross-examine adverse witnesses, a decision based solely on the evidence presented, the opportunity to be represented by counsel, and the requirement for the tribunal to prepare a record of the evidence and written findings.
The Due Process Clause is found in both the Fifth and Fourteenth Amendments, prohibiting the federal and state governments from depriving individuals of their rights without due process of law. This clause has been interpreted by the Supreme Court to include procedural due process in civil and criminal proceedings, substantive due process guaranteeing fundamental rights, a prohibition on vague laws, incorporation of the Bill of Rights to state governments, and equal protection under federal law.
The concept of "substantive due process" has been controversial, with critics arguing that it allows the Supreme Court to impose policy preferences on the nation. However, the Court has used this concept to protect certain liberties that are not explicitly mentioned in the Constitution, such as the "right to privacy" in the case of Griswold v. Connecticut (1965).
In criminal cases, due process protections overlap with those provided by the Eighth Amendment, which safeguards innocent people from cruel and unusual punishment, such as in the case of Vitek v. Jones (1980). The Due Process Clause of the Fourteenth Amendment also ensures procedural protections for state prisoners facing involuntary transfer to a mental hospital, as seen in the Vitek decision.
While the Constitution guarantees due process rights, assuring these rights in practice can be challenging, especially in immigration cases. Immigrants may face deportation proceedings without access to legal counsel, and their rights may not always be respected. Nonetheless, legal professionals and civil rights advocates work to uphold the constitutional rights of all persons on American soil, regardless of citizenship status.
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Frequently asked questions
Yes, the US Constitution applies to everyone on American soil, regardless of nationality or legal status. However, there are some rights only granted to citizens, such as the right to vote.
The US Constitution grants non-citizens on American soil many basic rights, such as freedom of religion and speech, the right to due process, and equal protection under the law. The Fifth Amendment also applies to non-citizens, stating that "no person [...] shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law."
The right to vote is reserved for citizens of the United States. Additionally, while anyone facing a criminal charge has the right to counsel, the government is only required to provide counsel for felonies, not misdemeanors. Crossing the border illegally is considered a misdemeanor.
