What constitutional rights do undocumented immigrants have?
https://www.pbs.org/newshour/politics/what-constitutional-rights-do-undocumented-immigrants-have
What rights do undocumented immigrants have to a court hearing, to an attorney or to free speech? What rights do their children have to education?
How those rights play out in practice is more complex.
To answer those questions, we must start with a more basic questiondoes the U.S. Constitution apply to undocumented immigrants?
Yes, without question, said Cristina Rodriguez, a professor at Yale Law School. Most of the provisions of the Constitution apply on the basis of personhood and jurisdiction in the United States.
Many parts of the Constitution use the term people or person rather than citizen. Rodriguez said those laws apply to everyone physically on U.S. soil, whether or not they are a citizen.
As a result, many of the basic rights, such as the freedom of religion and speech, the right to due process and equal protection under the law apply to citizens and noncitizens. How those rights play out in practice is more complex.
Right to due process
What the law says: The Fifth Amendment states that no person
shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law.
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