No, Bob—The Constitution Doesn’t Stop at Citizenship

Every time immigration comes up online, someone insists that “illegals have no rights.” Recently, one commenter wrote:

“If you’re here illegally, you have no rights. The Constitution applies to citizens, not illegals.”

That statement is wrong. Here’s why.

The Constitution Protects “Persons,” Not Just Citizens

The U.S. Constitution repeatedly says “person” or “people”—not just citizen. Courts have consistently ruled that protections apply to anyone inside U.S. borders, whether they are a citizen, a green card holder, a tourist, or undocumented.

• First Amendment: Free speech, religion, and assembly are protected for all people.

  
  

• Fourth Amendment: No person can be subjected to unlawful search and seizure.

  
  

• Fifth & Fourteenth Amendments: No person can be deprived of life, liberty, or property without due process, and all persons deserve equal protection under the law.

That includes undocumented immigrants.

Rights Exclusive to Citizens

Of course, some rights are reserved for citizens:

• Voting in federal elections.

  
  

• Running for certain offices.

  
  

• Guaranteed re-entry into the U.S.

But the core protections of due process, equal treatment, and freedom from abuse apply to everyone.

Why It Matters

If the government can strip rights from one group, it sets the precedent to strip them from anyone. Protecting the rights of immigrants isn’t just about immigrants—it’s about defending the rule of law and ensuring all of us remain free from unchecked government power.

Sources for further reading:

ACLU – The Constitution in the 100-Mile Border Zone

U.S. Courts – The Bill of Rights and Non-Citizens

Cornell Law School LII – Constitutional Rights of Non-Citizens