“Noncitizens undeniably have a wide range of rights under the Constitution. Indeed, within the borders of the United States, they have most of the same rights as citizens do, and longstanding Supreme Court precedent bans most state laws discriminating against noncitizens. There is little if any serious controversy among experts over this matter…

The First Amendment prevents the government from censoring noncitizens’ speech or suppressing the practice of their religion. The Fourth Amendment protects them against unreasonable searches and seizures. The Fifth Amendment ensures that noncitizens’ property can only be taken by the government for a public use, and only if just compensation is paid.

Should a noncitizen be charged with a crime, he has exactly the same Fifth and Sixth Amendment procedural rights as a citizen, including the right to a jury trial, the right to counsel, and protection against self-incrimination. If convicted, the Eighth Amendment prevents the government from subjecting aliens to ‘cruel and unusual punishment’ in exactly the same ways as it does with citizens.”

Apr. 30, 2017