A white paper about how only u.s citizens get constitutional rights and how illeagal imagrants can not get constitutional rights as they are not leagal u.s citizens

## Constitutional Rights and Non-Citizens: A Legal Analysis from a.i **Overview** The assertion that only U.S. citizens receive constitutional rights, and that undocumented immigrants (often referred to as "illegal immigrants") do not, is not supported by constitutional text or longstanding judicial interpretation. The U.S. Constitution grants many of its protections based on personhood and presence within U.S. jurisdiction, not solely on citizenship status[2][3][5][8]. ---This was also attempted to be applied for terrorists but was thawted luckily terrorist's didnt get anymore So called rights than they did. ## Constitutional Text and Interpretation **Key Constitutional Provisions** - The Fifth Amendment states: "No person shall be deprived of life, liberty, or property, without due process of law." - The Fourteenth Amendment states: "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."[2] These amendments use the term "person" rather than "citizen," and courts have consistently interpreted these rights as extending to all individuals physically present in the United States, regardless of immigration status[3][4][5][8]. --- ## Rights Afforded to Undocumented Immigrants **Fundamental Protections** Undocumented immigrants are entitled to several constitutional rights, including: - **Due Process:** Both the Fifth and Fourteenth Amendments guarantee that no person can be deprived of life, liberty, or property without due process of law. This applies to all individuals, including undocumented immigrants[2][3][4][5][8]. - **Equal Protection:** The Fourteenth Amendment’s Equal Protection Clause applies to all persons within U.S. jurisdiction[2][4][8]. - **Protection Against Unreasonable Searches and Seizures:** The Fourth Amendment applies to all people in the U.S., regardless of status[4]. - **Freedom of Speech, Religion, and Assembly:** The First Amendment’s protections are not limited to citizens[5][8]. - **Right to Legal Counsel:** In criminal proceedings, the Sixth Amendment guarantees the right to counsel. In civil immigration proceedings, immigrants have the right to hire an attorney, though not at government expense[5][4]. **Limitations** While undocumented immigrants receive many constitutional protections, some rights and privileges are reserved for citizens, such as: - The right to vote in federal elections - Eligibility for certain public benefits - Holding certain public offices[1] --- ## Judicial and Scholarly Consensus Legal scholars, Supreme Court justices, and immigration law experts overwhelmingly agree that constitutional protections apply to all persons within the United States. As Justice Antonin Scalia stated, “I think anyone present in the United States is entitled to protections under the Constitution.” Justice Ruth Bader Ginsburg concurred, emphasizing the Constitution’s use of the word "persons" rather than "citizens"[8]. --- ## Common Misunderstandings Some confusion arises from the distinction between rights reserved for citizens and those granted to all persons. For example, the privileges or immunities clause of the Fourteenth Amendment applies specifically to citizens, but the due process and equal protection clauses apply to all persons[2][8]. --- ## Conclusion The claim that only U.S. citizens receive constitutional rights, and that undocumented immigrants do not, is inaccurate. The U.S. Constitution protects many fundamental rights for all persons within U.S. jurisdiction, regardless of citizenship or immigration status[2][3][4][5][8]. While some rights are exclusive to citizens, the foundational civil liberties and protections-such as due process, equal protection, and free speech-apply broadly to all individuals on U.S. soil. Citations: [1] https://www.senate.gov/civics/constitution_item/constitution.htm [2] https://constitution.congress.gov/constitution/amendment-14/ [3] https://clearwaterlawgrouptricities.com/5-rights-of-undocumented-immigrants/ [4] https://emplawfirm.com/what-rights-do-undocumented-immigrants-have-in-the-us/ [5] https://www.pbs.org/newshour/politics/what-constitutional-rights-do-undocumented-immigrants-have [6] https://www.heritage.org/immigration/commentary/birthright-citizenship-fundamental-misunderstanding-the-14th-amendment [7] https://bensguide.gpo.gov/bill-of-rights-1789-91 [8] https://www.cnn.com/2025/04/01/us/immigrants-rights-explainer [9] https://scholarship.law.georgetown.edu/cgi/viewcontent.cgi?article=1302&context=facpub [10] https://constitution.congress.gov/browse/essay/amdt14-S1-1-2/ALDE_00000812/ [11] https://ualr.edu/socialchange/2020/11/16/undocumented-immigrants-have-constitutional-rights-too/ [12] https://www.justice.gov/sites/default/files/usao-mn/legacy/2011/09/16/MN%20Civil%20Rights%20FINAL.pdf [13] https://www.ebsco.com/research-starters/law/us-constitution-and-federal-immigration-laws [14] https://www.archives.gov/founding-docs/bill-of-rights/what-does-it-say [15] https://constitution.congress.gov/browse/amendment-14/section-1/ [16] https://www.law.cornell.edu/constitution/amendmentxiv [17] https://www.nilc.org/resources/everyone-has-certain-basic-rights/ [18] https://pennstatelaw.psu.edu/sites/default/files/Are%20Immigrants%20Covered%20By%20the%20US%20Const%20PPT%201-12-2017.pptx [19] https://lawshelf.com/blogentryview/the-due-process-rights-of-illegal-entrants-to-the-united-states/ [20] https://www.americanbar.org/groups/crsj/about/initiatives/civil-rights-civics-institute/rights-immigrants/ [21] https://www.whitehouse.gov/presidential-actions/2025/01/protecting-the-american-people-against-invasion/ [22] https://constitution.findlaw.com/amendments.html [23] https://www.aclu.org/know-your-rights/immigrants-rights [24] http://media.aclj.org/pdf/WP_Illegal-Imm-WP.pdf [25] https://constitution.congress.gov/browse/essay/amdt5-6-2-3/ALDE_00013726/ [26] https://www.aclu.org/issues/immigrants-rights [27] https://www.nilc.org/articles/analysis-of-trump-day-1-executive-orders-unconstitutional-illegal-and-cruel/ --- Answer from Perplexity: pplx.ai/share