Malcolm Rivera
The 14th Amendment to the U.S. Constitution states 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. However, there is some debate as to whether illegal aliens are included in the protections outlined in the 14th Amendment.
| Characteristics | Values |
|---|---|
| Illegal aliens are covered by the Constitution | Yes |
| Illegal aliens are protected by the Constitution | Yes |
| Illegal aliens are considered 'persons' | Yes |
| Illegal aliens are protected by the Equal Protection clause | Yes |
| Illegal aliens are protected by the 14th Amendment | Yes |
| Illegal aliens are protected by the First Amendment | Yes |
| Illegal aliens are protected by the Fourth Amendment | Yes |
| Illegal aliens are protected by the Fifth Amendment | Yes |
| Illegal aliens are protected by the Sixth Amendment | Yes |
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What You'll Learn
The 14th Amendment
Illegal aliens are protected by the 14th Amendment of the US Constitution. The 14th Amendment states 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 entire case of illegal aliens being covered by and protected by the Constitution has been settled law for 129 years and rests on one word: "person". 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 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.
A decade before Plyler, the court ruled in Almeida-Sanchez v. United States (1973) 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.
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The Equal Protection Clause
In the case of Wong Win v. United States (1896), the court ruled that even aliens shall not be deprived of life, liberty, or property without due process of law. This ruling affirmed that illegal aliens are considered "persons" under the law and are therefore entitled to the protections of the Equal Protection Clause.
However, it is important to note that there are some exceptions to the constitutional protections afforded to illegal aliens. For example, illegal aliens do not have the right to vote, hold certain government jobs, or own guns. Despite these exceptions, the Equal Protection Clause ensures that illegal aliens are afforded the same fundamental rights and protections as US citizens under the law.
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The right to due process
The Supreme Court has affirmed this interpretation in several key cases, including Wong Win v. United States (1896) and Almeida-Sanchez v. United States (1973). In these cases, the Court ruled that the due process protections of the Constitution apply to all persons, regardless of their immigration status.
While illegal aliens do have the right to due process, there are some limitations on their constitutional protections. For example, illegal aliens do not have the right to vote, hold certain government jobs, or own guns. However, these limitations do not extend to the right to due process, which is considered a fundamental and inalienable right for all persons within the United States.
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The right to a trial by jury
Illegal aliens are protected by the US Constitution, according to a ruling by the Supreme Court in 1886, 1896 and 1903. This protection is based on the 14th Amendment, which states that no state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States. The 14th Amendment also guarantees "due process" and "equal protection".
The Sixth Amendment states that "in all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed". This means that if an illegal alien is accused of a crime, they have the right to have their case heard by a jury, and the prosecution must prove their guilt beyond a reasonable doubt.
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The right to protection from search and seizure
The Supreme Court has ruled that illegal aliens are entitled to the same constitutional protections as American citizens, with the exception of voting, some government jobs, and gun ownership. This includes the right to be free from unreasonable searches and seizures.
In the case of 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, regardless of their legal status. This means that illegal aliens cannot be subjected to unreasonable searches and seizures without probable cause or a warrant.
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Frequently asked questions
Yes, illegal aliens have constitutional rights. The 14th Amendment to the Constitution states that no state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States. This includes illegal aliens, who are considered 'persons' and therefore have the right to due process and equal protection under the law.
There are three exceptions to constitutional protection for illegal aliens: voting, some government jobs, and gun ownership.
Yes, illegal aliens have the right to a trial by jury. This is protected by the First, Fourth, Fifth, Sixth, and 14th Amendments to the Constitution.
No, the undocumented status of illegal aliens does not establish a sufficient rational basis for denying benefits that the state affords other residents. This is protected by the Equal Protection clause of the 14th Amendment, which states that no state shall 'deny to any person within its jurisdiction the equal protection of the laws'.
