Malcolm Rivera
The US Constitution does not explicitly outline whether it applies to permanent residents or non-citizens. However, several Supreme Court cases have confirmed that legal permanent residents or green card holders are entitled to the same basic constitutional rights as natural-born and naturalized citizens. These rights include freedom of speech and religion, the right to due process, and equal protection under the law. While the Constitution does not prohibit anyone from voting, it does outline who cannot be denied this right, specifically men who are US citizens over the age of 21, unless they have committed a crime.
| Characteristics | Values |
|---|---|
| Right to live in the US | Depends on compliance with immigration law |
| Right to work | Applies, but some jobs are limited to citizens |
| Right to protection under the law | Applies |
| Right to due process | Applies, but expedited removal may be conducted without a hearing |
| Right to free speech | Legal uncertainty, but some Supreme Court cases have upheld this right |
| Right to equal protection under the law | Applies, but may depend on legal status |
| Right to freedom of religion | Applies |
| Right to assembly | Applies |
| Right to vote | Does not apply |
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What You'll Learn
The right to live and work in the US
The US Constitution applies to both citizens and non-citizens, including permanent residents, undocumented immigrants, and those facing deportation. The 14th Amendment ensures that "no state shall deprive any person of life, liberty, or property without due process of law".
Permanent residents can work in the United States at any legal work of their qualification and choosing. However, some jobs are limited to US citizens for security reasons. An employer that refuses to hire or fires a lawful permanent resident because of their immigration status may be violating the law. Employers generally cannot exclude lawful permanent residents or limit jobs only to US citizens. When verifying an employee's permission to work, employers must use Form I-9, and the employee can choose which acceptable documentation to present.
Undocumented immigrants are also protected by the Constitution, including the right to due process. They have the same due process protections as everyone else, such as the right to a speedy and public trial by jury and the right against unlawful searches and seizures. However, in practice, some immigrants may not be granted a hearing at all and may be subject to expedited removal without a court hearing if they have been in the country illegally for less than two years and are apprehended within 100 miles of the border.
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Protections under the 14th Amendment
The Fourteenth Amendment (Amendment XIV) to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments. It addresses citizenship rights and equal protection under the law at all levels of government. The Fourteenth Amendment ensures that "no state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; 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."
The Citizenship Clause of the Fourteenth Amendment broadly defines citizenship, stating 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 clause repudiated the Supreme Court's decision in Dred Scott v. Sandford (1857), which held that Americans descended from African slaves could not become American citizens.
The Privileges or Immunities Clause was interpreted in the Slaughter-House Cases (1873) as preventing states from impeding federal rights, such as the freedom of movement. The Due Process Clause, which applies the Fifth Amendment's similar clause to state governments, protects all people against arbitrary denial of life, liberty, or property. Procedural due process deals with the processes for restraining these rights, while substantive due process involves the government's justification for engaging in these processes.
The Equal Protection Clause requires each state to provide equal protection under the law to all people, including non-citizens, within its jurisdiction. This clause has been used to challenge discriminatory laws and policies, such as in Brown v. Board of Education (1954), which prohibited racial segregation in public schools, and Loving v. Virginia (1967), which ended interracial marriage bans.
Protections under the Fourteenth Amendment extend to both citizens and non-citizens. This includes undocumented immigrants, who have the right to due process, freedom of speech and religion, and equal protection under the law. The Fourteenth Amendment ensures that no particular group is discriminated against unlawfully.
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Right to due process
The right to due process is a fundamental right guaranteed by the U.S. Constitution. It protects people against arbitrary government decisions and ensures fairness in legal matters. 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 14th Amendment also 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".
The right to due process applies to everyone in the United States, including permanent residents and non-citizens. This means that permanent residents have the right to fair treatment and legal hearings when their freedom is at risk. For example, non-citizens facing deportation have the right to due process, which usually includes a hearing before an immigration judge, the right to be present at the hearing, to be represented by a lawyer, and to put forth witnesses and defences.
However, there are some caveats and complexities to the right to due process for permanent residents and non-citizens. For instance, the border search exception allows searches at the border, including airports and other ports of entry, without being considered "unreasonable". Additionally, the expedited removal process allows immigrants who have been in the country illegally for less than two years and are apprehended within 100 miles of the border to be deported almost immediately without a court hearing.
In recent years, there have been concerns about policies that make it more difficult for non-citizens to receive due process, such as limiting the authority of immigration judges and bypassing immigration courts. For example, the Trump administration's policy changes resulted in the rapid expulsion of non-citizens, including asylum seekers, often without traditional legal hearings.
Furthermore, accessing legal representation can be challenging for non-citizens, especially for unaccompanied children. While people in the immigration deportation process have the right to bring a lawyer with them to court, they are not provided with a lawyer, unlike in criminal cases.
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Freedom of speech and assembly
The US Constitution and its amendments guarantee certain fundamental rights, including freedom of speech and assembly, but the application of these rights to permanent residents or non-citizens is complex and subject to interpretation. While the First Amendment does not explicitly distinguish between citizens and non-citizens, Supreme Court precedents have not always treated these groups equally.
The First Amendment states that "Congress shall make no law [...] abridging the freedom of speech or of the press, or restricting the right of the people to assemble and petition the government." This amendment is generally understood to apply to all people in the US, including citizens, foreign tourists, and non-citizen residents. For example, a musician from India can tour the US and perform songs that are critical of the country without violating US law. Similarly, a tourist from Canada can attend religious services of their choice without government interference.
However, there are nuances and exceptions to these freedoms. For instance, federal law prohibits aliens who are not "permanent resident aliens" (non-green card holders) from making campaign contributions or expenditures or participating in political spending decisions. Additionally, resident aliens lack the same security in political expression as citizens, and their political activities can be grounds for deportation. While the Supreme Court has reversed deportation orders based on freedom of speech considerations, it has also upheld the right of Congress to expel aliens.
In matters of due process, the Constitution provides some protections for non-citizens. The 14th Amendment ensures that no state shall "deprive any person of life, liberty, or property without due process of law," and this has been interpreted to include non-citizens. Non-citizens facing deportation are entitled to a hearing before an immigration judge, legal representation, and interpretation services if necessary. However, there are exceptions, such as the "border search exception," which allows searches at borders and ports of entry without being considered unreasonable.
In conclusion, while the US Constitution's protections for freedom of speech and assembly do extend to permanent residents and non-citizens in many cases, there are important distinctions and limitations. The Supreme Court's interpretations and precedents play a significant role in defining the scope of these rights for non-citizens, and political expression by non-citizens may be treated differently than that of citizens.
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Right to equal protection under the law
The US Constitution does apply to permanent residents, with some rights and privileges afforded only to US citizens, such as the right to vote. The 14th 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".
The right to equal protection under the law means that no person within the US's jurisdiction can be denied the equal protection of the laws of the state in which they reside. This applies to both citizens and non-citizens. The 14th Amendment also embodies a general policy that all persons lawfully in the US shall abide by equality of legal privileges with all citizens under non-discriminatory laws.
In many cases, the Court has recognised a permissible state interest in distinguishing between its citizens and non-citizens by restricting the enjoyment of resources and public employment to its citizens. However, classifications based on alienage are considered suspect and subject to close scrutiny. For example, in a 1948 decision, the Court struck down a statute barring the issuance of commercial fishing licenses to persons "ineligible for citizenship", which effectively meant Japanese immigrants.
In the context of education, the Supreme Court ruled in Plyler v. Doe that if children who are citizens have access to free public education, so should undocumented immigrant children. This is because the 14th Amendment states that the government cannot "deny to any person within its jurisdiction the equal protection of the laws".
While the Constitution applies to both citizens and non-citizens, there is a caveat known as the "border search exception". This exception allows searches at the border, including airports and other ports of entry, without being considered unreasonable due to their location.
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Frequently asked questions
Permanent residents in the US have the right to live and work in the country, as well as being protected by all laws of the US, their state of residence, and local jurisdictions. However, permanent residents cannot vote in federal, state, or local elections.
The US Constitution does not specify whether the First Amendment applies only to citizens. However, several Supreme Court cases have confirmed that legal permanent residents have the same basic constitutional rights as natural-born and naturalized citizens. These include the right to due process and equal protection under the law, freedom of speech and religion, and protection from unlawful searches and seizures.
Yes, permanent residents can be deported if they violate US law. There have been several cases of legal permanent residents facing deportation due to their political views or affiliations.
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