Jonah Patel
There is a common misconception that the US Constitution only applies to US citizens. While some passages in the Constitution 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 sections extends the rights and privileges to both citizens and non-citizens. The Bill of Rights, for example, protects everyone's freedom of speech, religion, and assembly, as well as protecting them from unlawful searches and seizures. The Fourteenth Amendment, which states that All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States, ensures that no particular group is discriminated against unlawfully.
| Characteristics | Values |
|---|---|
| Does the US Constitution apply only to US citizens? | There is a misconception that the US Constitution applies only to US citizens. |
| Who does the US Constitution apply to? | The US Constitution applies to "people" or "persons", which includes citizens and non-citizens. |
| What rights does the US Constitution grant to non-citizens? | The US Constitution grants non-citizens certain rights, such as freedom of religion, speech, assembly, and the right to due process and equal protection under the law. |
| What rights are exclusive to US citizens? | The right to vote is exclusive to US citizens, as specified by the 14th, 15th, and 19th Amendments. |
| Can non-citizens become US citizens? | Yes, through naturalization. The 14th Amendment states that "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States." |
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What You'll Learn
The 14th Amendment and citizenship
There is a common misconception that the US Constitution applies only to US citizens. However, this is not entirely true. While certain rights and privileges, such as the right to vote, are explicitly granted to "citizens", many parts of the Constitution use the terms "people" or "person", extending certain protections to citizens and non-citizens alike.
The 14th Amendment, passed by Congress on June 13, 1866, and ratified in 1868, played a pivotal role in defining citizenship and extending rights to a broader group of individuals. The Citizenship Clause of the 14th Amendment establishes the basic rule for acquiring citizenship of the United States and confers both national and state citizenship on those who meet the criteria.
The Amendment states, "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 provision granted citizenship to formerly enslaved people, repudiating the Supreme Court's decision in Dred Scott v. Sandford, which had excluded people of African descent from US citizenship based solely on their race.
However, it is important to note that the 14th Amendment has not been interpreted to extend citizenship universally to everyone born in the United States. There are two key exceptions: individuals born in the US who are "subject to any foreign power" and "Indians not taxed." Additionally, the Amendment does not specify the legal benefits associated with citizenship, leaving some questions unanswered regarding the acquisition of state and national citizenship.
The 14th Amendment also includes the Equal Protection Clause, which states that "nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws." This clause ensures that no particular group is discriminated against unlawfully and has been used to argue for the right to education for undocumented immigrant children.
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Non-citizens' rights
There is a common misconception that the US Constitution applies only to US citizens. However, this is not entirely true. While certain rights are reserved exclusively for citizens, such as the right to vote, the Constitution also grants rights to "persons", which includes both citizens and non-citizens present in the United States.
The Bill of Rights, for example, protects everyone's freedom of speech, religion, and assembly, as well as protecting them from unlawful searches and seizures. 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". Similarly, the Fourteenth Amendment ensures that "nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws". This means that undocumented immigrants facing deportation are entitled to a hearing before an immigration judge, to be present at the hearing, to be represented by a lawyer, and to put forth witnesses and defences. They are also afforded interpretation services if they do not speak English.
In the case of Plyler v. Doe, the Supreme Court ruled that undocumented immigrant children could not be prohibited from enrolling in a public school, as the 14th Amendment states that the government cannot "deny to any person within its jurisdiction the equal protection of the laws". However, there are still key differences in how these rights play out in practice for citizens and non-citizens. For example, courts have upheld that searches at the border, airports, and other ports of entry are not considered "unreasonable" because of their location, and the Justice Department has established a 100-mile-wide "extended border" where Border Patrol agents can conduct searches. Additionally, while the Constitution does not prohibit anyone from voting, Congress has passed laws barring noncitizens from voting in certain elections.
In conclusion, while the US Constitution does grant certain rights to non-citizens, there are still important distinctions and limitations to these rights in practice.
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The Constitution and refugees
There is a common misconception that the US Constitution only applies to US citizens. However, this is not the case. While some rights, such as the right to vote, are explicitly reserved for citizens, many parts of the Constitution refer to "people" or "persons" rather than "citizens". This means that many of the rights and protections afforded by the Constitution apply to citizens and non-citizens alike. This includes undocumented immigrants, who are protected by the Bill of Rights and are entitled to freedom of speech, religion, assembly, and freedom from unlawful searches and seizures, among other rights.
The US has long been a global leader in refugee resettlement, offering refuge to more people annually than all other nations combined. However, during the first Trump administration, the number of refugees admitted to the US decreased significantly, and the US resettled only 118,202 refugees between 2017 and 2020. The Biden administration has since worked to rebound from this low, resettling 100,034 refugees in 2024 alone. The largest share of these refugees came from Africa, followed by the Near East/South Asia, Latin America/Caribbean, Europe/Central Asia, and East Asia.
The US Constitution and laws play a significant role in refugee resettlement. The US Refugee Admissions Program (USRAP) is authorized by the Constitution and laws such as the Immigration and Nationality Act (INA). The USRAP has four priority categories for individuals seeking refugee status in the US. Priority One includes individuals with compelling protection needs or those with no other durable solution. Priority Two includes groups designated as being of "special concern" to the US, such as religious minorities from the former Soviet Union and Iran, and Afghans, Iraqis, and Syrians with ties to the US. Priority Three covers the relatives of refugees already settled in the US, and Priority Four includes refugees sponsored by a group of five or more US citizens upon their arrival.
While the US Constitution and laws provide a framework for refugee resettlement, there have been concerns about the ability of the US to absorb large numbers of refugees into its communities. As a result, the US has at times suspended or realigned its refugee admissions programs to ensure that refugee resettlement aligns with the interests of national security and public safety. Reports are also submitted to the President to determine if the resumption of refugee entry is in the interests of the country.
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The First Amendment and immigrants
There is a common misconception that the US Constitution only applies to US citizens. However, this is not entirely true. While certain rights and privileges, such as the right to vote, are explicitly reserved for citizens, the Constitution also grants protections to non-citizens residing within US jurisdiction.
The First Amendment to the US Constitution guarantees freedom of speech, religion, assembly, and the right to petition the government, among other freedoms. It is worth noting that the First Amendment text refers to "the right of the people," rather than specifically mentioning "citizens." This distinction is significant because it leaves room for interpretation regarding who is considered "the people."
The First Amendment rights of immigrants, including non-citizens and those with temporary legal status, have been a subject of debate and legal interpretation. While the First Amendment does not explicitly distinguish between citizens and non-citizens, there have been instances where the courts have treated these groups differently in practice. For example, in United States v. Verdugo-Urquidez (1990), the Court suggested that "the people" protected by the First Amendment may refer to "a class of persons who are part of a national community or who have otherwise developed a sufficient connection with this country." This interpretation implies that non-citizens without a "sufficient connection" to the US may not be fully protected by the First Amendment.
In recent years, there have been concerns about the First Amendment rights of international students and immigrants. During the Trump administration, there was a focus on removing non-citizen students involved in campus protests related to the war in Gaza. Their lawyers argued that these actions violated their First Amendment rights, but the administration avoided addressing the constitutional questions directly. Additionally, the USA Patriot Act of 2001 targeted certain speech and association activities by non-citizens, allowing for deportation if they were associated with groups deemed terrorist organizations.
In conclusion, while the First Amendment does not explicitly exclude immigrants or non-citizens, the extent to which they are protected by it is complex and subject to legal interpretation. The courts have considered factors such as an individual's legal status, the nature of their connection to the US, and the specific circumstances of each case.
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Voting rights
The 15th Amendment, passed in 1870, prohibits voting rights from being denied or abridged based on "race, colour, or previous condition of servitude". This amendment was enforced by the Civil Rights Act of 1870, which made it illegal to disenfranchise Black voters. The 19th Amendment, ratified in 1920, granted women the right to vote. The 24th Amendment, passed in 1964, banned poll taxes, which often prevented low-income citizens from voting. The 26th Amendment, ratified in 1971, lowered the voting age to 18 for all elections.
In addition to these amendments, federal laws such as the Voting Rights Act of 1965 have been enacted to further protect voting rights and challenge discriminatory voting practices. The National Voter Registration Act of 1993 created new ways to register to vote and required states to maintain accurate voter registration lists.
Despite these protections, the eligibility requirements for voting vary across states. For example, some states prohibit convicted felons from voting, even after they have served their sentences, while other states do not. Similarly, voter ID laws differ, with some states requiring a photo ID, while others do not.
In terms of non-citizens, they are generally not permitted to vote in federal, state, and most local elections. However, there are some exceptions, as certain areas allow non-citizens to vote in local elections. For example, in San Francisco, non-citizen parents of children residing in the city are permitted to vote in the San Francisco Board of Education elections. Additionally, in 1992, the City of Takoma Park, Maryland, became the first municipality to restore non-citizen voting rights in local elections.
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