Do non-citizens and immigrants have constitutional rights in America?
No matter how you feel about the current political climate, it is hard to deny that things are changing quickly. Since the most recent presidential election, new laws and orders have been made and the way existing laws and orders are enforced have changed. It looks like change is not going to stop any time soon, but there are some things that will probably stay the same: Constitutional rights.
It is in times like these that it is most important for people, citizens and non-citizens alike, to know their rights. Even many U.S. citizens are not fully aware of their rights as Americans and learning more about them can be difficult, but when it comes to American law, everyone has basic rights.
The 14th Amendment
The 14th Amendment of the Constitution of the United States says that no state in the nation can “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 law.” This means that everyone who is under the jurisdiction of the United States has the right to due process and equal protection.
In the United States of America, the government must go through the normal judicial system before it can charge any person with a crime or penalize them. This is known as due process because it is due to every person.
Both the 5th and the 14th Amendments have a Due Process Clause. As a result, due process is recognized as a right that everyone who interacts with the U.S. government has. This works alongside equal protection of the law.
No person, citizen or non-citizen, can be treated differently than any other person by the United States government. Every person is equally protected by the law. This is established in the 14th Amendment and is a constitutional right.
Change will always happen and it will happen everywhere. All we can go is deal with that change as best as we can. For immigrants and non-citizens, this might mean taking legal steps to ensure that your rights are enforced and protected.
If you are facing a situation where you think your basic human rights are being threatened, it is suggested that you seek out the services of a knowledgeable and experienced legal professional. They do their best to help you and guide you through the legal system to the best possible outcome.
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Ted Hess & Associates, LLC, is located in Glenwood Springs, Colorado. We provide immigration services to those who live or work between Silverthrone/Breckenridge and Grad Junction and Between Grand Junction and Montrose.