rightwinger
Award Winning USMB Paid Messageboard Poster
- Aug 4, 2009
- 298,257
- 222,407
- 3,615
You first! Link to a ruling saying illegal aliens have Constitutional rights.
Yes, noncitizens do have constitutional rights in the United States, although the scope and application of those rights can vary depending on their legal status and location.
Key Points:
- Due Process and Equal Protection (5th and 14th Amendments):
- Noncitizens, including undocumented immigrants, are entitled to due process and equal protection under the law.
- This has been affirmed in cases like Yick Wo v. Hopkins (1886) and Plyler v. Doe (1982).
- Freedom of Speech and Religion (1st Amendment):
- Noncitizens are generally protected by the First Amendment, including the rights to free speech, assembly, and religion
- Fourth Amendment Protections:
- Noncitizens have protections against unlawful searches and seizures
- Criminal Proceedings (6th and 8th Amendments):
- They are entitled to fair trial rights, legal counsel, and protection against cruel and unusual punishment