US Constitution Non-Citizen Rights

The cluster debates the scope of US constitutional protections, particularly whether rights from the Bill of Rights, 4th, 5th, and 14th Amendments apply to non-citizens, foreigners at borders, and people outside US territory.

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Keywords

US OK USC scholarship.law IMO HN SHOULD i.e PERSON georgetown.edu rights citizens constitution constitutional citizen border apply persons applies law

Sample Comments

TazeTSchnitzel Dec 2, 2016 View on HN

Interestingly, even US citizens aren't exempted from this. Constitutional rights seemingly don't apply at the border.

jordigh Sep 22, 2017 View on HN

The argument I've heard is that the constitution only applies to people who are in the US and her citizens. At a border crossing you're not in the US, and if you're not a US citizen, then I think you literally have no rights.

pyvpx Aug 5, 2017 View on HN

the idea is the US is ruled by laws. when you're in US territory, you are subject to those laws. not being a citizen doesn't mean you have no rights.then again this is the same government who says the Constitution doesn't apply 100 miles in from the border (where a significant percentage of the populace lives...)

xyzzy4 Jan 29, 2017 View on HN

Go read the 14th Amendment. Anyone within US borders has legal standing and rights.Here is an excerpt:nor deny to any person within its jurisdiction the equal protection of the laws

pc86 Jan 19, 2018 View on HN

Yes, "just" to get around constitutional rights. The constitution applies to everyone within the United States, citizen or otherwise. Removing them from US soil simplifies the equation somewhat.

gowld May 14, 2021 View on HN

You're being misleadingly pedantic.This article is about people who are US citizens abroad, or foreigners who came to USA or who are under the jurisdiction (imprisonment) of territory controlled by the USA government.Non-resident non-citizen non-present people violating US national security (rightly or wrongly, that's per the government's judgment) don't have Constitutional rights.

valuearb Sep 22, 2017 View on HN

That argument is wrong, the constitution not only applies to US citizens while they are out of the US, but it also applies to people who aren't US citizens."No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive ANY PERSON of life, liberty or property, without due process of law; nor deny to ANY PERSON within its jurisdiction the equal protection of the laws"

koolba Aug 17, 2017 View on HN

The "everyone" referred to in that document and all other laws in the USA apply to people after they're here. Not before.Yes they apply to both citizens and non citizens alike. All have those freedoms and short of seeking elected office or voting, there isn't much distinction.But that doesn't mean those rights apply externally. A woman in Saudi Arabia doesn't have freedom of speech per the US first ammendment. A man in Russia doesn't have fourth ammendmen

rswail Aug 28, 2019 View on HN

The US Constitution only applies to US citizens and those others resident in the US.If you're not in the US (legally or illegally) then you're not resident and you're not covered.However, the US is also a signatory to the UN Declaration of Human Rights which is also an international self-executing treaty, and therefore of equal standing to the Constitution in US law. But whether the US Government recognizes the rights under that treaty need to be determined by court cases th

Finnucane Nov 12, 2019 View on HN

If you're on US soil you're subject to US law, including all provisions of the Constitution. And the Constitution makes a distinction between 'citizens' and 'people' (i.e., everybody, including noncitizens)