Isabella Carter
The question of whether illegal aliens are protected by the US Constitution has been settled law for 129 years, and rests on the word 'person'. The 14th Amendment to the US Constitution connects the dots of due process and equal protection, and it is these five words that make the Constitution of the United States and its 14th Amendment the most important political document since the Magna Carta. The 14th Amendment states that 'all persons within the territory of the United States are entitled to the protection by those amendments', and that even aliens shall not be held to answer for a capital or other infamous crime, unless on presentment or indictment of a grand jury, nor deprived of life, liberty or property without due process of law.
| Characteristics | Values |
|---|---|
| Illegal aliens are protected by the US Constitution | Settled law for 129 years |
| Rests on the word "person" | |
| "Aliens" have the same constitutional protections as American citizens, except voting, some government jobs and gun ownership | |
| Three key Supreme Court decisions in 1886, 1896 and 1903 laid the 14th Amendment basis for the consistent ruling of the court that aliens, legal and illegal, have constitutional protection | |
| Illegal aliens can claim the benefit of the Equal Protection clause | No state shall deny to any person within its jurisdiction the equal protection of the laws |
| The undocumented status of children does not establish a sufficient rational basis for denying benefits that the state affords other residents | |
| In Almeida-Sanchez v. United States (1973), the court ruled that all criminal charge-related elements of the Constitution's amendments (the First, Fourth, Fifth, Sixth and the 14th) such as search and seizure, self-incrimination, trial by jury and due process, protect non-citizens, legally or illegally present | |
| In Plyler v. Doe (1982), the Supreme Court ruled that non-citizen children must get a free K-12 education |
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What You'll Learn
The 14th Amendment to the U.S Constitution
The 14th Amendment to the U.S. Constitution has been interpreted by the Supreme Court to mean that illegal aliens are protected by the Constitution. This is because the 14th Amendment guarantees "due process" and "equal protection" to all "persons", and the Supreme Court has ruled that illegal aliens are "persons" in the ordinary sense of the term. This means that illegal aliens have the full panoply of constitutional protections that American citizens have, with three exceptions: voting, some government jobs, and gun ownership.
The Supreme Court has made this clear in several key decisions. In Wong Win v. United States (1896), the court ruled that all persons within the territory of the United States are entitled to the protection of the Fifth and Sixth Amendments, and that even aliens shall not be deprived of life, liberty, or property without due process of law. In Almeida-Sanchez v. United States (1973), the court ruled that all criminal charge-related elements of the Constitution's amendments, such as search and seizure, self-incrimination, trial by jury, and due process, protect non-citizens, legally or illegally present.
The 14th Amendment is not the only part of the Constitution that protects illegal aliens. The Supreme Court has also ruled that the Fifth and Sixth Amendments protect illegal aliens. In Plyler v. Doe (1982), the Supreme Court ruled that non-citizen children must get a free K-12 education. This ruling was based on the Equal Protection Clause of the 14th Amendment, which provides that no state shall "deny to any person within its jurisdiction the equal protection of the laws." The court found that the undocumented status of children does not establish a sufficient rational basis for denying benefits that the state affords other residents.
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The Equal Protection Clause
The Supreme Court has ruled that "aliens", legal and illegal, have the full panoply of constitutional protections that American citizens have, with a few exceptions, such as voting, some government jobs, and gun ownership. This has been settled law for over a century, and rests on the word "person" in the 14th Amendment, which connects the dots of "due process" and "equal protection".
In Wong Win v. United States (1896), the court ruled that all persons within the territory of the United States are entitled to the protection of the Fifth and Sixth Amendments, and that even aliens shall not be deprived of life, liberty, or property without due process of law.
In Almeida-Sanchez v. United States (1973), the court ruled that all criminal charge-related elements of the Constitution's amendments, such as search and seizure, self-incrimination, trial by jury, and freedom of expression, protect non-citizens, legally or illegally present.
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Search and seizure
The Fourth Amendment protects people from unreasonable searches and seizures. This means that law enforcement officers must have a warrant or probable cause to search someone's property or seize their belongings.
In the case of illegal aliens, the Supreme Court has ruled that they are protected by the Fourth Amendment, just like citizens. This means that law enforcement officers cannot simply search an illegal alien's home or seize their belongings without a warrant or probable cause.
The Supreme Court's ruling on this issue is based on the idea that everyone within the United States, regardless of their immigration status, is entitled to certain constitutional protections. This includes the right to be free from unreasonable searches and seizures.
The Fourth Amendment is an important protection for illegal aliens, as it helps to ensure that they are treated fairly and equally under the law. It also helps to prevent law enforcement officers from abusing their power and violating the rights of individuals who may be vulnerable due to their immigration status.
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Self-incrimination
The 14th Amendment to the U.S. Constitution states that all 'persons' are entitled to due process and equal protection. This has been interpreted by the Supreme Court to mean that illegal aliens are protected by the Constitution, with the exception of voting, some government jobs and gun ownership.
In Almeida-Sanchez v. United States (1973), the Supreme Court ruled that non-citizens, regardless of legal status, are protected by the Constitution's criminal charge-related amendments, including self-incrimination. This means that illegal aliens cannot be compelled to give evidence that may be used against them in a criminal trial.
The right against self-incrimination is a fundamental aspect of the U.S. legal system and is intended to protect individuals from being forced to incriminate themselves. This right applies to all persons within the United States, regardless of their immigration status.
The Supreme Court's ruling in Almeida-Sanchez v. United States affirmed that illegal aliens are entitled to the same constitutional protections as U.S. citizens when it comes to self-incrimination. This means that they cannot be compelled to testify or provide evidence that may be used against them in a criminal trial.
The right against self-incrimination is an important safeguard against abuse of power by the state and helps to ensure that all persons, regardless of their legal status, are treated fairly and justly under the law.
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Freedom of expression
The 14th Amendment to the U.S. Constitution has been interpreted to mean that illegal aliens are protected by the Constitution. This is because the 14th Amendment includes the words "due process" and "equal protection", which apply to all "persons". Illegal aliens are considered "persons" in the ordinary sense of the term, and so are protected by the Constitution.
The Supreme Court has made several rulings that support this interpretation. In Wong Win v. United States (1896), the court ruled that all persons within the territory of the United States are entitled to the protection of the Fifth and Sixth Amendments, and that even aliens shall not be deprived of life, liberty or property without due process of law. In Almeida-Sanchez v. United States (1973), the court ruled that all criminal charge-related elements of the Constitution's amendments (the First, Fourth, Fifth, Sixth and the 14th) protect non-citizens, legally or illegally present. This includes freedom of expression.
The right to freedom of expression is a fundamental human right that is protected by the Constitution. This right allows individuals to express their thoughts, beliefs, and ideas without fear of censorship or retaliation. It is a cornerstone of a democratic society, as it enables open debate, the exchange of ideas, and the free flow of information.
The freedom of expression is not absolute, however. There are certain limitations on this right, such as when expression incites violence, hatred, or discrimination. Additionally, the Supreme Court has ruled that the government may place reasonable restrictions on the time, place, and manner of expression, as long as these restrictions are content-neutral and serve a significant government interest.
Illegal aliens are protected by the Constitution's guarantee of freedom of expression. This means that they have the right to express their thoughts, beliefs, and ideas without fear of censorship or retaliation. This right is particularly important for illegal aliens, as it allows them to speak out about their experiences, advocate for their rights, and seek justice.
While illegal aliens do have constitutional protections, there are some exceptions. For example, illegal aliens do not have the right to vote, hold certain government jobs, or own guns.
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Frequently asked questions
Yes, illegal aliens have constitutional rights. The 14th Amendment to the U.S Constitution states that "aliens", legal and illegal, have the full panoply of constitutional protections American citizens have with three exceptions: voting, some government jobs and gun ownership.
Illegal aliens are not allowed to vote, hold some government jobs, or own guns.
Illegal aliens are protected by the Constitution's criminal charge-related amendments, including search and seizure, self-incrimination, freedom of expression, and trial by jury.
