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Noncitizens’ Constitutional Protections Other than Equal Protection

This lesson will discuss noncitizens’ constitutional rights both in the criminal justice context and in other contexts.


The constitutional rights in the Bill of Rights and Due Process Clause of the Fourteenth Amendment usually, but not always, apply to noncitizens and citizens in an equal manner if they are present within the United States. Constitutional rights of citizen and noncitizen criminal defendants apply in exactly the same manner, whereas certain other Bill of Rights protections don’t invariably apply in the same manner. The United States Supreme Court generally has applied any constitutional...