LoginDo unauthorized immigrants have constitutional rights?
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Yes.
The Constitutionβs Fifth Amendment says: βNo person shall be β¦ deprived of life, liberty, or property, without due process of law.βΒ
The 14th makes the same declaration and says no state shall βdeny to any person β¦ the equal protection of the laws.β
The U.S. Supreme Court has held that all people in the U.S. have constitutional protections, though citizens have additional rights.
Due process generally means that the government must give individuals a chance to defend themselves in a fair hearing, such as in court.
Politico reported Oct. 31 that more than 100 federal judges have ruled that the Trump administrationβs effort to systematically detain immigrants facing possible deportation appeared to violate their rights or was illegal.
All people also have other constitutional protections, including the right to free speech and assembly and to a public education.
Citizens have additional constitutional protections, such as the right to vote.
This fact brief is responsive to conversations such as this one.
Sources
- Congress.gov: Fifth Amendment
- Congress.gov: 14th Amendment
- U.S. Department of Justice : Title VI Legal Manual
- Congress.gov: ArtI.S8.C18.8.7.2 Aliens in the United States
- National Constitution Center: The Fourteenth Amendment Due Process Clause
- Politico: More than 100 judges have ruled against the Trump adminβs mandatory detention policy
- U.S. Department of Education: Equal Rights to Public Education Regardless of Immigration/Citizenship Status
- Wisconsin Watch: Has the District of Columbia adopted a law allowing noncitizens to vote in local elections?
Do unauthorized immigrants have constitutional rights? is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.
