5 ms·

The constitution protect non citizens too?

by felipelemos 9y ago

dboreham 9y ago
Yes, kind of. Probably not in the context of immigration scissors stone paper games though.
- Sir_Substance 9y ago
  >Yes, kind of. In theory, but historically speaking not really: https://scholarship.law.georgetown.edu/cgi/viewcontent.cgi?referer=https://duckduckgo.com/&httpsredir=1&article=1302&context=facpub https://scholarship.law.georgetown.edu/cgi/viewcontent.cgi?r... But then again, it doesn't seem to work very well for US citizens these days either.
  - dboreham 9y ago
    For clarity: the doc you cite says what I said (at least that's my interpretation) -- that non citizens have much the same constitutional rights as citizens. But they have to be living in the country (so-called US Persons). Hence it doesn't do you much good in the context of getting into the country. Source: I was a US Person for a while.
    - Sir_Substance 9y ago
      The legal argument is "yes they do", but the first few pages of the document are "but we understand why US citizens might assume the opposite because here's a laundry list of all the times we ignored that in the past". As a non-citizen, the internal arguments of the US legal system aren't very interesting to me, but the historical record of how the US treats non-citizens is. The US has clearly demonstrated that in practice, non-citizens are not protected by the same rights.
bobbyi_settv 9y ago
Yes. Some things (like voting) are rights of citizens, but the 1st and 5th Amendments (for example) guarantee rights to "persons" which includes non citizens who are in the US.
s2g 9y ago
Not really.
Broken_Hippo 9y ago
Sometimes, sometimes not. If you are a non-citizen living here, you'll generally enjoy most of the protections of the constitution and laws. If you are sitting there at customs just visiting, there are a lot of those protections that simply don't apply. Of course, some of those protections don't apply to citizens at these places either, though they play out a bit differently.

The constitution protect non citizens too?

dboreham 9y ago

Yes, kind of. Probably not in the context of immigration scissors stone paper games though.

Sir_Substance 9y ago
>Yes, kind of. In theory, but historically speaking not really: https://scholarship.law.georgetown.edu/cgi/viewcontent.cgi?referer=https://duckduckgo.com/&httpsredir=1&article=1302&context=facpub https://scholarship.law.georgetown.edu/cgi/viewcontent.cgi?r... But then again, it doesn't seem to work very well for US citizens these days either.
- dboreham 9y ago
  For clarity: the doc you cite says what I said (at least that's my interpretation) -- that non citizens have much the same constitutional rights as citizens. But they have to be living in the country (so-called US Persons). Hence it doesn't do you much good in the context of getting into the country. Source: I was a US Person for a while.
  - Sir_Substance 9y ago
    The legal argument is "yes they do", but the first few pages of the document are "but we understand why US citizens might assume the opposite because here's a laundry list of all the times we ignored that in the past". As a non-citizen, the internal arguments of the US legal system aren't very interesting to me, but the historical record of how the US treats non-citizens is. The US has clearly demonstrated that in practice, non-citizens are not protected by the same rights.

bobbyi_settv 9y ago

Yes. Some things (like voting) are rights of citizens, but the 1st and 5th Amendments (for example) guarantee rights to "persons" which includes non citizens who are in the US.

s2g 9y ago

Not really.

Broken_Hippo 9y ago

Sometimes, sometimes not. If you are a non-citizen living here, you'll generally enjoy most of the protections of the constitution and laws. If you are sitting there at customs just visiting, there are a lot of those protections that simply don't apply. Of course, some of those protections don't apply to citizens at these places either, though they play out a bit differently.