Simone Lawson
The US Constitution does provide some protections for non-citizens, including the right to due process and the right to a jury. The Fourth and Fifth Amendments have been used to establish these rights, and in some cases, the Supreme Court has ruled that the term person under the Fifth Amendment applies to non-citizens living in the US. However, non-citizens do not share all the rights of citizens, such as the right to vote.
| Characteristics | Values |
|---|---|
| Non-citizens' rights | Non-citizens don't share all the rights of citizens under the U.S. Constitution. |
| 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. | |
| Non-citizens can be placed in immigration proceedings, but the Constitution ensures that these procedures are handled fairly and in line with the law. | |
| 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 ACLU argues that non-citizens who have already received the required papers have the right to due process and entry. | |
| The Constitution extends to refugees with no papers to at least have their cases considered before they are returned to the countries they are fleeing. |
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What You'll Learn
Non-citizens' rights to due process and entry
The US Constitution does provide some protection for non-citizens. Non-citizens do not share all the rights of citizens under the US Constitution, but they are afforded certain rights, such as the right to due process and entry. 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 ACLU and immigration advocates argue that non-citizens who have already received the required papers have the right to due process and entry. The Constitution even extends to refugees with no papers to at least have their cases considered before they are returned to the countries they are fleeing.
However, non-citizens are subject to immigration law, under which the executive branch has broad authority to determine whether it wants them in the country or not. There is a misconception that the US Constitution applies only to US citizens. Some passages and phrases in US laws explicitly state only "citizens" are afforded certain rights, such as the right to vote. 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.
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Immigration law
The US Constitution does provide some protection for non-citizens. However, non-citizens do not share all the rights of citizens under the US Constitution. They are subject to immigration law, under which the executive branch has broad authority to determine whether it wants them in the country or not.
There is a misconception that the US Constitution applies only to US citizens. Some passages and phrases in US laws explicitly state only "citizens" are afforded certain rights, such as the right to vote. 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.
Any non-citizen can be placed in immigration proceedings, including long-time permanent residents, and even former US citizens whose citizenship is revoked. The US Constitution ensures that these procedures are handled fairly and in line with the law. The 14th Amendment ensures that "no State shall... 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 ACLU and immigration advocates argue that non-citizens who have already received the required papers have the right to due process and entry. The Constitution even extends to refugees with no papers to at least have their cases considered before they are returned to the countries they are fleeing, the ACLU argues.
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Refugees' rights
The US Constitution does provide some protection for non-citizens. While non-citizens do not share all the rights of citizens, the Constitution ensures that immigration proceedings are handled fairly and in line with the law. The 14th Amendment ensures that no person is deprived of life, liberty or property without due process of law, and that all people are entitled to equal protection under the law.
The ACLU and immigration advocates argue that non-citizens who have received the required papers have the right to due process and entry. They also argue that the Constitution extends to refugees with no papers, who should have their cases considered before they are returned to the countries they are fleeing.
The Constitution also protects non-citizens from the US government establishing a preferred religion. When the terms "resident" or "person" are used in the Constitution, the rights and privileges afforded are extended to protect citizens and non-citizens alike.
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The 14th Amendment
The US Constitution does provide some protection for non-citizens. While non-citizens do not share all the rights of citizens, the Constitution ensures that immigration proceedings are handled fairly and in line with the law. The 14th Amendment 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 means that non-citizens have the right to due process and entry, and even refugees with no papers have the right to have their cases considered before they are returned to the countries they are fleeing.
The use of the terms "resident" or "person" in the Constitution means that the rights and privileges afforded are extended to protect citizens and non-citizens alike. However, there are some rights that are explicitly reserved for citizens, such as the right to vote.
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The right to vote
The US Constitution does provide some protection for non-citizens. While non-citizens do not share all the rights of citizens under the US Constitution, they are still afforded certain rights and privileges. For example, the Constitution ensures that immigration proceedings are handled fairly and in line with the law. This includes long-time permanent residents and even former US citizens whose citizenship has been revoked.
The 14th Amendment 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 means that non-citizens have the right to due process and entry, and their cases must be considered before they are returned to the countries they are fleeing.
However, there are some rights that are explicitly reserved for citizens, such as the right to vote. When the term "citizen" is used in the Constitution, it indicates that only citizens are afforded those specific rights. Nevertheless, when the terms "resident" or "person" are used instead, the rights and protections are extended to both citizens and non-citizens.
While non-citizens are subject to immigration law, which gives the executive branch broad authority to determine their status in the country, they are still protected by the Constitution in certain ways. This includes the right to due process and fair treatment under the law, regardless of their citizenship status.
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Frequently asked questions
Yes, the US Constitution does protect non-citizens. The Fourth and Fifth Amendments include due process and the right to a jury, and 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, and assembly.
The right to vote is explicitly stated as a right for citizens only.
The right to enter the country is not explicitly stated in the Constitution. However, the basic right of habeas corpus to challenge illegal detentions extends even to non-citizens on foreign territory.
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