Basic Constitutional Protections
Non-citizens in the United States have constitutional rights. The Fifth Amendment ensures due process for everyone, including undocumented immigrants facing deportation. However, expedited removal can occur without a judge's involvement in some cases.
Legal counsel isn't guaranteed in most immigration cases, as deportation proceedings are civil, not criminal. The Sixth Amendment's right to legal counsel applies only to criminal trials.
The Fourth Amendment protects against unreasonable searches and seizures, but the "border search exception" allows routine checks at borders.
Non-citizens can invoke the Fifth Amendment right against self-incrimination in deportation proceedings. They can also file civil lawsuits under the Fourteenth Amendment.
Voting in federal elections is prohibited for non-citizens by federal law, though some localities allow local voting.
The Supreme Court's Plyler v. Doe decision ensures undocumented children have the right to public education.
Non-citizens have rights to work compensation and protection from hazardous work conditions under federal law.
Rights in Criminal Proceedings
Non-citizens facing criminal charges have the right to legal counsel under the Sixth Amendment, as established in Gideon v. Wainwright. This applies to criminal, not civil deportation proceedings.
The right to a jury trial also extends to non-citizens, except for some petty offenses.
The Fifth Amendment protection against self-incrimination applies to non-citizens during interrogations.
Despite these protections, non-citizens often face challenges in exercising their rights due to:
- Language barriers
- Limited resources
- Systemic biases
Rights in Civil and Immigration Proceedings
Non-citizens have due process rights in immigration proceedings, but the system is often overburdened and underfunded.
Expedited removal can bypass court hearings for some non-citizens, particularly those who have been in the country for less than two years or are within 100 miles of the border.
Non-citizens can file civil lawsuits, but financial barriers and fear of retaliation can hinder access to this right.
The gap between constitutional protections and their practical application in civil and immigration proceedings remains significant.
Workplace Rights
Non-citizens have the right to be paid for work performed under the Fair Labor Standards Act, regardless of immigration status.
The Occupational Safety and Health Act of 1970 ensures the right to a safe work environment for all workers, including non-citizens.
Practical barriers to exercising these rights include:
- Language issues
- Fear of retaliation
- Limited access to legal resources
- Systemic delays
Despite these challenges, workplace rights remain an important aspect of constitutional protections for non-citizens.
Educational Rights
The 1982 Supreme Court case Plyler v. Doe established that non-citizen children in the United States can access public education. This ruling struck down a Texas statute that withheld funds for education from non-citizen children and required them to pay tuition to attend public schools. The Court ruled this violated the Equal Protection Clause of the Fourteenth Amendment, affirming that states couldn't deny free public education based on immigration status.
The Fourteenth Amendment states that no state shall "deny to any person within its jurisdiction the equal protection of the laws." This means every child in the U.S., regardless of documented status, should have the same right to education as their citizen peers. Schools can't demand proof of legal status.
Non-citizen children face challenges within the education system:
- Language barriers can hinder academic progress
- Fear of deportation may deter family engagement with schools
- Bullying and discrimination create additional obstacles
- Economic constraints may limit access to educational resources
While Plyler v. Doe guarantees the right to education, systemic reform and community support are needed to fully realize this promise for non-citizen children.
Voting and Civic Participation
Non-citizens are excluded from voting and holding public office by law. Federal laws prohibit non-citizens from voting in federal elections, with violations potentially resulting in fines, prison sentences, or deportation. The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 codified this restriction.
At the state level, all fifty states plus the District of Columbia bar non-citizens from participation in state-level elections. This extends to gubernatorial, senatorial, and other state offices.
Historically, some states allowed non-citizens to vote in local elections in the 19th and early 20th centuries. Recently, select cities have granted limited local voting rights to non-citizens:
- New York City allowed non-citizens to vote in school board elections until 2003
- San Francisco permits non-citizen parents to vote in school board elections since 2016
- Some localities in California, Vermont, and Maryland have similar provisions for local elections
The Wisconsin amendment on the November ballot proposes to explicitly prohibit non-citizens from voting in statewide or local elections. Similar initiatives are being considered in other states, including Iowa, Kentucky, and Missouri.
Non-citizens can participate in civic affairs through grassroots movements and local advocacy, but voting and holding office remain largely restricted to citizens. The debate continues over the balance between preserving exclusive citizenship rights and recognizing non-citizen contributions to communities.
Non-citizens in the U.S. face a complex landscape of rights and restrictions. While they have certain constitutional protections, the journey to actualize these rights is often fraught with challenges.