Originally posted by: Edso
This was copied and pasted from Congress.gov regarding Aliens (immigrants), not the little green men from space, in the United States.
"Eventually, the Supreme Court extended these constitutional protections to all aliens within the United States, including those who entered unlawfully, declaring that aliens who have once passed through our gates, even illegally, may be expelled only after proceedings conforming to traditional standards of fairness encompassed in due process of law.
3 The Court reasoned that aliens physically present in the United States, regardless of their legal status, are recognized as persons
guaranteed due process of law by the Fifth and Fourteenth Amendments.4 Thus, the Court determined, [e]ven one whose presence in this country is unlawful, involuntary, or transitory is entitled to that constitutional protection.
5 Accordingly, notwithstanding Congress’s indisputably broad power to regulate immigration, fundamental due process requirements notably constrained that power with respect to aliens within the territorial jurisdiction of the United States.6"
Just helping out.
Yes. The court has ruled several times that immigrants, even those that aren't here legally have due process and equal protection rights.
Please note: The following was copied from Google AI and I only verified a few of the cases on the list.
Yick Wo v. Hopkins (1886): Established that constitutional protections apply to everyone within U.S. jurisdiction, regardless of race or nationality, setting a broad foundation for immigrant rights.
United States v. Wong Kim Ark (1898): Affirmed that birthright citizenship and due process apply to those born in the U.S., even of Chinese descent, impacting future rights.
Bridges v. Wixon (1945): Ruled that deportation proceedings must adhere to due process norms.
Plyler v. Doe (1982): Protected undocumented children's right to public education, reiterating that the Fourteenth Amendment applies to "all persons" within the territorial jurisdiction.
Zadvydas v. Davis (2001): Confirmed the Due Process Clause applies to all "persons" in the U.S., including those present unlawfully, and limited indefinite detention without periodic review.