📘 The Constitution Protects All People—Not Just Citizens

Understanding Due Process, Equal Protection, and the Right to Be Heard

Curated by Engage for Democracy. Updated April 20, 2025.

Updated June 9, 2025 to reflect the broader constitutional questions and concerns that we will address this week arising from recent immigration enforcement actions and to clarify the scope of protections guaranteed to all persons under U.S. law—regardless of citizenship or immigration status.

“No person shall be... deprived of life, liberty, or property, without due process of law.”
— Fifth Amendment, U.S. Constitution¹

Many Americans believe that only U.S. citizens are protected by the Constitution. That’s not true. In fact, one of the greatest strengths of our constitutional system is that it guarantees fundamental rights to all people on U.S. soil, regardless of citizenship or immigration status².

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⚖️ Due Process Belongs to Persons, Not Just Citizens

The Fifth Amendment and Fourteenth Amendment both protect “persons”—not just citizens. That includes:

• Tourists and students on visas

• Refugees and asylum seekers

• Undocumented immigrants

• People who cross the border illegally

• Permanent residents (green card holders)

The U.S. Supreme Court has repeatedly upheld that once someone is physically present in the United States, they are entitled to basic constitutional protections, including due process and equal protection³.

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🔍 What Is Habeas Corpus?

Habeas corpus is a centuries-old legal principle that protects people from being detained unlawfully. It allows anyone being held by the government to challenge the legality of their detention in court.

It’s enshrined in Article I, Section 9 of the Constitution⁴.

• It cannot be suspended except in cases of rebellion or invasion

• It is considered a bedrock of liberty and a hallmark of democratic societies

The Supreme Court has affirmed this right even for non-citizens held abroad under U.S. control in locations like Guantánamo Bay (Boumediene v. Bush 2008)⁵.

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🧠 Key Court Cases

• Zadvydas v. Davis (2001): The Court ruled that the government cannot indefinitely detain immigrants, even if they are not citizens⁶.

• Plyler v. Doe (1982): Struck down a Texas law denying public education to undocumented children, affirming that the Equal Protection Clause applies to all persons⁷. Though still controlling precedent, Plyler has recently been criticized by some jurists and elected officials, including public statements by Texas Governor Greg Abbott, underscoring the importance of public vigilance.¹⁰

• Boumediene v. Bush (2008): Ruled that even non-citizens held in Guantánamo Bay have the right to challenge their detention in U.S. federal courts⁵.

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🚫 Myth: “They entered the country illegally, so they have no rights.”

Crossing the border without authorization does not erase a person’s constitutional protections. Once someone is on U.S. soil—regardless of immigration status—they are entitled to fundamental rights, including:

• 🧾 The right to a fair hearing

• ⚖️ The right to challenge unlawful detention

• 🚫 Protection from cruel and unusual punishment

• 🗣️ Freedom of speech and religion

We don’t lose our Constitution when someone crosses our border. We uphold it—because that’s what makes us a nation of laws.

Even under national security laws like the USA PATRIOT Act, courts have affirmed that due process still applies. Section 412 allows the government to detain only a narrow category of noncitizens—those suspected of terrorism or posing a national security threat—and even then, only with strict time limits and judicial oversight.⁸ Detained individuals retain the right to challenge their detention in federal court.⁹ As the Supreme Court affirmed in Zadvydas v. Davis (2001), “Due process applies even in national security cases.”²

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📌 Why It Matters Now

Under President Trump’s April 2025 executive actions, hundreds of Venezuelans have been deported without judicial review—many to CECOT, a prison in El Salvador known for torture and human rights abuses. Some were given same-day deportation notices and told they were “Alien Enemies”—a label based on nationality, not evidence.

These actions violate the very constitutional protections that make America a democracy.

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Footnotes

1. U.S. Constitution, Fifth Amendment – https://constitution.congress.gov/constitution/amendment-5/

2. See Zadvydas v. Davis, 533 U.S. 678 (2001); Plyler v. Doe, 457 U.S. 202 (1982)

3. Plyler v. Doe, 457 U.S. 202 (1982); see also Yick Wo v. Hopkins, 118 U.S. 356 (1886)

4. U.S. Constitution, Article I, Section 9 – https://constitution.congress.gov/constitution/article-1/section-9/

5. Boumediene v. Bush, 553 U.S. 723 (2008) ²

6. Zadvydas v. Davis, 533 U.S. 678 (2001)

7. Plyler v. Doe, 457 U.S. 202 (1982)

8. 8 U.S.C. § 1226a(a)(5)-(6)

9. 8 U.S.C. § 1226a(b)

10. In 2022, Texas Governor Greg Abbott publicly suggested that Plyler v. Doe should be reconsidered. See Texas Tribune, Gov. Greg Abbott says federal government should cover cost of educating undocumented students in Texas public schools, May 6, 2022. https://www.texastribune.org/2022/05/05/greg-abbott-undocumented-education-immigration/