Malcolm Rivera
The U.S. Constitution is often thought to apply only to U.S. citizens, but this is not the case. While some passages explicitly state that only 'citizens' are afforded certain rights, such as the right to vote, the use of the terms 'resident' or 'person' extends constitutional protections to non-citizens. The 14th Amendment ensures that no particular group is discriminated against unlawfully, and the Bill of Rights protects everyone's freedom of speech, religion, assembly, and freedom from unlawful government interference. This interpretation has been supported by legal scholars and constitutional law professors, who argue that the First Amendment protects the rights of marginalised people to have a voice and prevents the government from preferring certain speakers over others.
| Characteristics | Values |
|---|---|
| The Bill of Rights protects everyone's right to free speech, religion, assembly, and freedom from unlawful government interference | Non-citizens are included in the Bill of Rights |
| The 14th Amendment ensures that no particular group is discriminated against unlawfully | Non-citizens are included in the 14th Amendment |
| The First Amendment protects the rights of marginalised people to have a voice | Non-citizens are included in the First Amendment |
| The Fourth and Fifth Amendments include the right to due process and the right to a jury | Non-citizens are included in the Fourth and Fifth Amendments |
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What You'll Learn
- The 14th Amendment ensures that no particular group is discriminated against unlawfully
- The First Amendment protects the rights of marginalised people to have a voice
- Non-citizens are entitled to a hearing before an immigration judge, to be present at the hearing, to be represented by a lawyer, to put forth witnesses and defences, and are afforded interpretation for non-English speakers
- The Fourth and Fifth Amendments include due process and the right to a jury
- The Bill of Rights protects everyone, including undocumented immigrants, to exercise free speech, religion, assembly, and to be free from unlawful government interference
The 14th Amendment ensures that no particular group is discriminated against unlawfully
The 14th Amendment applies to all people, including non-citizens. The Bill of Rights protects everyone, including undocumented immigrants, to exercise free speech, religion, assembly, and to be free from unlawful government interference. The Constitution ensures that immigration proceedings are handled fairly and in line with the law. For example, those facing deportation are entitled to a hearing before an immigration judge, to be present at the hearing, to be represented by a lawyer, to put forth witnesses and defences, and are afforded interpretation for non-English speakers.
The Supreme Court has ruled that the term "person" under the Fifth Amendment applies to aliens living in the U.S. 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. The First Amendment also protects the rights of marginalised people to have a voice and does not allow the government to prefer some speakers over others based on their identity.
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The First Amendment protects the rights of marginalised people to have a voice
The 14th Amendment ensures that no particular group is discriminated against unlawfully, and 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". This means that non-citizens facing deportation are entitled to a hearing before an immigration judge, to be present at the hearing, to be represented by a lawyer, to put forth witnesses and defences, and are afforded interpretation for non-English speakers.
The First Amendment has been used to protect the rights of marginalised people to have a voice. For example, in Citizens United vs. FEC, the court explained that the First Amendment does not allow the government to prefer some speakers over others based on their identity. This was considered the first test of the First Amendment and led to multiple convictions of President John Adams' political rivals, especially those born outside the U.S.
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Non-citizens are entitled to a hearing before an immigration judge, to be present at the hearing, to be represented by a lawyer, to put forth witnesses and defences, and are afforded interpretation for non-English speakers
The Bill of Rights protects everyone, including undocumented immigrants, to exercise free speech, religion, assembly, and to be free from unlawful government interference. The First Amendment protects the rights of marginalised people to have a voice and does not allow the government to prefer some speakers over others based on their identity.
Cases extending back to the 1800s, including ones brought by Chinese immigrants challenging the arbitrary seizure of their property, have established the rights of non-citizens under the Fourth and Fifth Amendments, including due process and the right to a jury. 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. 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.
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The Fourth and Fifth Amendments include due process and the right to a jury
There is a misconception that the U.S. Constitution applies only to U.S. citizens. However, the Bill of Rights protects everyone, including undocumented immigrants, to exercise free speech, religion, assembly, and to be free from unlawful government interference. The 14th Amendment ensures that no particular group is discriminated against unlawfully.
The question of non-citizens and the First Amendment has come up many times in U.S. laws and before the Supreme Court. The First Amendment protects the rights of marginalised people to have a voice and does not allow the government to prefer some speakers over others based on their identity.
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. 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.
Those facing deportation are involved in a civil lawsuit, but even then they are entitled to a hearing before an immigration judge, to be present at the hearing, to be represented by a lawyer, to put forth witnesses and defences, and are afforded interpretation for non-English speakers.
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The Bill of Rights protects everyone, including undocumented immigrants, to exercise free speech, religion, assembly, and to be free from unlawful government interference
There is a misconception that the U.S. Constitution applies only to U.S. citizens. However, the Bill of Rights protects everyone, including undocumented immigrants, to exercise free speech, religion, assembly, and to be free from unlawful government interference. This is because the first 10 amendments to the Constitution do not use the word "citizen", instead using terms such as "resident" or "person", which extend protections to non-citizens.
The 14th Amendment ensures that no particular group is discriminated against unlawfully, and 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 are entitled to a hearing before an immigration judge, to be present at the hearing, to be represented by a lawyer, to put forth witnesses and defences, and to have interpretation for non-English speakers.
The question of non-citizens and the First Amendment has come up many times in U.S. laws and before the Supreme Court. The First Amendment does not make clear whether "the people" given the freedoms of religion, speech, press, assembly and petition are a narrow group of citizens or a broader category, some of whom come to the United States to visit, learn and work. However, legal scholar and constitutional law professor Michael Kagen has written that the First Amendment "protects the rights of marginalised people to have a voice and does not allow the government to prefer some speakers over others based on their identity".
Cases extending back to the 1800s have established the rights of non-citizens under the Fourth and Fifth Amendments, including due process and the right to a jury. 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.
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Frequently asked questions
Yes, the U.S. Constitution extends certain rights to non-citizens, including the right to due process and the right to a jury.
Non-citizens are protected by the First, Fourth, and Fifth Amendments, which include the right to free speech, religion, assembly, and due process.
Yes, certain rights, such as the right to vote, are explicitly reserved for citizens. However, the 14th Amendment ensures that no particular group is discriminated against unlawfully.
The Supreme Court has ruled that the term "person" under the Fifth Amendment applies to non-citizens living in the U.S., ensuring that they are entitled to legal protections.
Denying constitutional protections to non-citizens could result in unlawful discrimination and a lack of due process for individuals facing deportation or other legal proceedings.
