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Does United States constitutional rights apply to non-US citizens?

Posted on 6/9/25 at 8:45 am
Posted by Jack Daniel
Gold member
Member since Feb 2013
27596 posts
Posted on 6/9/25 at 8:45 am
I’ve never heard a clear answer on this. Maybe some board lawyers can clear it up for me
This post was edited on 6/9/25 at 8:46 am
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
452765 posts
Posted on 6/9/25 at 8:47 am to
quote:

Does United States constitutional rights apply to non-US citizens?

Certain ones do, certain ones don't.
Posted by SantaFe
Baton Rouge
Member since Apr 2019
7257 posts
Posted on 6/9/25 at 8:48 am to
I would argue that they don't.

I can't imagine me traveling to some one horse town in china and demanding that I have rights there.
Posted by prouddawg
Member since Sep 2024
4488 posts
Posted on 6/9/25 at 8:48 am to
As far criminal law goes, they do. I’m not advocating it, just stating a matter of fact that they do.
This post was edited on 6/9/25 at 8:50 am
Posted by Schleynole
Member since Sep 2022
791 posts
Posted on 6/9/25 at 8:49 am to
Our rights come from God. So any right that we have they have. Stuff like voting isn't a right, it's a privilege.
Posted by SallysHuman
With Sally
Member since Jan 2025
4100 posts
Posted on 6/9/25 at 8:49 am to
Do and should are two different things... apparently they do apply, I don't they should, but at the moment, they do.
Posted by Snipe
Member since Nov 2015
14164 posts
Posted on 6/9/25 at 8:54 am to
quote:

Does United States constitutional rights apply to non-US citizens?


Need to know who the non US citizens would vote for before determining if they should be afforded the rights under the US Constitution.
Posted by Skippy1013
Lafayette, La
Member since Oct 2017
714 posts
Posted on 6/9/25 at 8:56 am to
Yes, they do, but not to the same extent as a US Citizen. However, anyone in our country, either visiting, legal or illegal, are afforded certain Constitutional rights.
Posted by Willie Stroker
Member since Sep 2008
14683 posts
Posted on 6/9/25 at 9:06 am to
quote:

I would argue that they don't.

I can't imagine me traveling to some one horse town in china and demanding that I have rights there.

That’s not a great argument. Do we premise US rights on what China does?
Posted by Willie Stroker
Member since Sep 2008
14683 posts
Posted on 6/9/25 at 9:10 am to
quote:

Does United States constitutional rights apply to non-US citizens?

Mostly yes.

The ones that don’t apply to non-citizens are when they qualify for expedited deportation.

LINK
Posted by Sam Quint
Member since Sep 2022
7176 posts
Posted on 6/9/25 at 9:20 am to
the problem with the "due process" argument, is that "due process" is very subjective, and the leftists are deliberately using it to imply, or say straight up, that every illegal alien is due court dates and full reviews of their entire cases, which is of course ridiculous. they know damn well that that is a hopeless proposition to keep up with, which is why they're hitching themselves to the "due process" concept.

leftists are honestly pretty amazing at twisting words and language to attempt to trap their political opponents into seemingly indefensible positions.
Posted by I20goon
about 7mi down a dirt road
Member since Aug 2013
17903 posts
Posted on 6/9/25 at 9:28 am to
Granted by God and identified (not bestowed) in the constitution- YES.

All others- depends on how it was written.... normally.

If ReSiStS Trump, currently, according to Fed judges, absolutely and it isn't debatable so Trump is being a dictator when he appeals the ruling as an argument between two co-equal branches of government.

Posted by Stealth Matrix
29°59'55.98"N 90°05'21.85"W
Member since Aug 2019
10079 posts
Posted on 6/9/25 at 9:39 am to
quote:

Does United States constitutional rights apply to non-US citizens?

If duly processed by border agents into the country, yes.
Posted by GeauxBurrow312
Member since Nov 2024
2518 posts
Posted on 6/9/25 at 9:42 am to
No, and it’s silly to suggest they do

If that’s the case why are illegals not allowed to own firearms, vote, etc

When they choose to hop the fence, they are forfeiting all rights. They are invaders, no different than a burglar knocking down your door. Castle doctrine
Posted by CAD703X
Liberty Island
Member since Jul 2008
87566 posts
Posted on 6/9/25 at 9:44 am to
Driver's license
Welfare
Voting
Free housing and medical

YES

Prosecution for committing robbery, rape or murder

NO
This post was edited on 6/9/25 at 9:45 am
Posted by shinerfan
Duckworld(Earth-616)
Member since Sep 2009
25800 posts
Posted on 6/9/25 at 9:44 am to
quote:

the problem with the "due process" argument, is that "due process" is very subjective, and the leftists are deliberately using it to imply, or say straight up, that every illegal alien is due court dates and full reviews of their entire cases, which is of course ridiculous. they know damn well that that is a hopeless proposition to keep up with, which is why they're hitching themselves to the "due process" concept.



Yeah, people get caught up in buzzwords and ignore what the words actually say. The process that is due a person can vary widely. That doesn't they're not receiving due process.
Posted by theballguy
tMoral compass of poliboard
Member since Oct 2011
19990 posts
Posted on 6/9/25 at 9:45 am to
They actually are. It's not a popular truth but it is unfortunately.
This post was edited on 6/9/25 at 9:46 am
Posted by Bow08tie
Louisiana
Member since Oct 2011
4497 posts
Posted on 6/9/25 at 9:47 am to
If illegal non U.S. citizens aren’t allowed to enter up front then the constitutional rights question is mute.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
452765 posts
Posted on 6/9/25 at 9:50 am to
quote:

If that’s the case why are illegals not allowed to own firearms, vote, etc


The 2nd amendment is written in terms of "the people" not "person", which denotes citizenship.

The 5th and 14th, for example, reference "person" when speaking of certain rights like due process. This means anyone within our territory, not just citizens.

Voting is exclusive to citizens. There isn't any anachronistic ambiguity here

15th:

quote:

The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any state on account of race, color, or previous condition of servitude.


19th:

quote:

The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex.


24th:

quote:

The right of citizens of the United States to vote in any primary or other election for President or Vice President, for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any state by reason of failure to pay any poll tax or other tax.


26th

quote:

The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age.


Hopefully this basic civics lesson was useful
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