There’s no doubt that this is an uncertain and anxious time for people who are immigrants to this country. Even those with valid visas and permanent residence are understandably apprehensive about instances of others with the same status being incarcerated without due process.
Do people who weren’t born in this country and who have not – at least yet – become U.S. citizens have constitutional rights? In fact, they do.
Supreme Court rulings
The U.S. Supreme Court has found, in multiple rulings dating back to the beginning of the 20th century, that non-citizens have a number of constitutional rights. The court has determined that if someone enters the country legally and is living here, that person “becomes invested with the rights guaranteed by the Constitution to all people within our borders.”
Further, the court has ruled that even if someone enters the U.S. unlawfully, they still “may be expelled only after proceedings conforming to traditional standards of fairness encompassed in due process of law” that are addressed in the Fifth Amendment and Fourteenth Amendment.
Ties to the community may be relevant
The rights of those who are not in the country legally are more tenuous than for those who have some type of legal residence – whether temporary or permanent. For example, the extent of an undocumented person’s rights can rest on how long they’ve lived in the U.S. and what kind of ties they’ve established.
Some people remain “undocumented” even though they’ve been in the country for decades and have a spouse and/or children who are U.S. citizens. In fact, President Biden implemented a program to provide temporary legal status to those who fall into this category. However, it didn’t survive court challenges.
Understanding and protecting your rights and those of your loved ones is more critical now than ever. Getting experienced, effective legal guidance is likely your best first step.