Simone Lawson
The US Constitution does extend certain protections to non-citizens, including undocumented immigrants. The Fourth and Fifth Amendments, for example, afford non-citizens due process and the right to a jury. The Bill of Rights also protects everyone's right to free speech, religion, assembly, and freedom from unlawful government interference. However, non-citizens are subject to immigration law, under which the executive branch has broad authority to determine whether they can remain in the country.
| Characteristics | Values |
|---|---|
| Due process | Non-citizens have the same rights as citizens when it comes to due process |
| Right to a jury | Non-citizens have the right to a jury trial |
| Right to a speedy and public trial | Non-citizens have the same right as citizens to a speedy and public trial |
| Right against unlawful searches and seizures | Non-citizens have the same right as citizens to not be subject to unlawful searches and seizures |
| Right to free speech | Non-citizens have the same right as citizens to free speech |
| Right to freedom of religion | Non-citizens have the same right as citizens to freedom of religion |
| Right to assembly | Non-citizens have the same right as citizens to assembly |
| Right to be free from unlawful government interference | Non-citizens have the same right as citizens to be free from unlawful government interference |
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What You'll Learn
The right to due process
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., further extending the rights of non-citizens. Similarly, in Fong Yue Ting v. U.S., the court held that Chinese laborers were entitled to protection under the laws, like all other aliens residing in the United States.
It is important to note that non-citizens are still subject to immigration law, under which the executive branch has broad authority to determine their status in the country. However, when it comes to due process rights, non-citizens are afforded the same protections as citizens under the US Constitution.
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The right to a jury trial
The Supreme Court has affirmed this interpretation in several cases, including U.S. v. Wong Kim Ark (1898), where it ruled that the term "person" under the Fifth Amendment applies to aliens living in the US. In another case, Fong Yue Ting v. U.S., the court held that Chinese labourers, "like all other aliens residing in the United States," are entitled to the protection of the laws, including the right to a jury trial.
Undocumented immigrants charged with a criminal offence also have the right to a speedy and public trial by jury, as well as the right against unlawful searches and seizures. These rights are guaranteed by the Due Process Clause of the Fifth Amendment and the Fourth Amendment, respectively.
While non-citizens are afforded certain constitutional protections, it is important to note that they are still subject to immigration law, under which the executive branch has broad authority to determine their status in the country.
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The right to free speech
The Constitution explicitly protects the right to free speech for everyone, including non-citizens. The Bill of Rights, which includes the first ten amendments to the Constitution, uses the phrase "the right of the people" rather than "citizens" when referring to certain rights and freedoms. This deliberate choice of wording ensures that the rights guaranteed by the Constitution are not limited to citizens alone but are afforded to all people residing in the United States.
The Supreme Court has also affirmed the rights of non-citizens under the Constitution. In the case 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 United States. This decision established that non-citizens are entitled to the same due process rights and protections as citizens, including the right to free speech.
Additionally, the Fourteenth Amendment provides further protection for the right to free speech. It ensures that no particular group is discriminated against unlawfully and guarantees the equal protection of the laws for all persons, regardless of citizenship. This amendment reinforces the idea that the Constitution protects the rights of all individuals, including non-citizens, to exercise their freedom of speech without discrimination or unlawful interference.
It is important to note that while non-citizens enjoy the same right to free speech as citizens, they are still subject to immigration laws. The executive branch has the authority to determine whether a non-citizen can remain in the country or not. However, regardless of their immigration status, non-citizens are entitled to the same due process rights and protections as citizens when it comes to their freedom of speech.
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The right to a speedy trial
In the context of non-citizens, the right to a speedy trial is particularly important given the unique challenges they may face in the criminal justice system. Non-citizens may have limited knowledge of their rights and the legal system, and they may face language barriers or cultural differences that can impact their ability to navigate the justice process. Additionally, non-citizens may be particularly vulnerable to immigration-related consequences of a criminal conviction, such as deportation or denial of entry into the country.
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The right to be free from unlawful government interference
The US Constitution extends certain protections to non-citizens, including undocumented immigrants. The Bill of Rights protects everyone's right to free speech, religion, assembly, and to be free from unlawful government interference. This means that undocumented immigrants charged with a criminal offence have the same due process protections as everyone else, including the right to a speedy and public trial by jury, and the right against unlawful searches and seizures.
The Fourth and Fifth Amendments also protect non-citizens' rights to due process and a jury trial. In the 1898 case 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 US. 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.
Despite these protections, non-citizens are subject to immigration law, under which the executive branch has broad authority to determine whether they are allowed to remain in the country.
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Frequently asked questions
Yes, non-citizens are afforded the same rights as citizens under the Fourth and Fifth Amendments, including due process and the right to a jury.
Due process includes the right to a speedy and public trial, and the right against unlawful searches and seizures.
The right to vote is explicitly stated as being for citizens only.
Undocumented immigrants are protected by the Bill of Rights, which includes the right to free speech, religion, assembly, and to be free from unlawful government interference.
Non-citizens are subject to immigration law, under which the executive branch has broad authority to determine whether they are allowed to remain in the country.
