Noncitizens are protected by the Bill of Rights primarily because the U.S. Constitution, which includes the Bill of Rights, does not distinguish between the rights of citizens and noncitizens in many of its protections. The Bill of Rights enumerates fundamental rights that are largely considered to be human rights, rather than privileges reserved exclusively for American citizens.
The U.S. Supreme Court has consistently held that the Constitution's provisions, including those in the Bill of Rights, apply to everyone within the United States, regardless of their citizenship status. For example, in cases such as Yick Wo v. Hopkins (1886) and Plyler v. Doe (1982), the Court has affirmed that noncitizens are entitled to certain constitutional protections, including equal protection under the law and due process rights.
Ultimately, the basis for protecting noncitizens under the Bill of Rights is a recognition that certain rights are inherent to all people, and the Constitution applies those protections to anyone subject to U.S. laws and jurisdiction.
Which of the following correctly summarizes why noncitizens are protected by the Bill of Rights?
1 answer