Nov '25 • General discussion
The Rights of non Citizens and Criminals
The claim in the first image below is false. Both non citizens and criminals have rights under our Constitution. This is clear in at least two ways.
First, the Fifth Amendment applies the right to due process of law to all "persons." "Due process of law" is an expansive concept that covers all government actions, starting with any interaction between a *person* and a law enforcement officer, although it applies to civil as well as criminal issues. Specifically, it is possible for land use regulations to violate the owner's right to due process of law.
Any person the government wishes to deport is entitled to a hearing, except for specific cases of persons apprehended crossing the border. The immigration status of any individual who suffers arrest in the interior remains undetermined until a judge reviews the evidence. Otherwise, any citizen who gets arrested could undergo unlawful deportation without recourse.
Secondly, the Fourth, Fifth, Sixth, Seventh, and Eighth Amendments all address issues arising out of criminal prosecutions on their face. Nowhere are rights more important than in criminal prosecution. The Fourth Amendment obviously prevents criminal prosecutions by depriving law enforcement officers of access to evidence of crimes. The Founders were not stupid. They knew what they were doing. They chose to tilt the field slightly in favor of criminals as one way to maximize liberty.
The Fifth Amendment requires a grand jury indictment for serious crimes, forbids more than one prosecution for the same crime and forced self incrimination, and guarantees due process of law in criminal and civil cases.
The Sixth Amendment begins, "In all criminal prosecutions," and guarantees a speedy, public trial by an impartial jury. It also guarantees the right to confront witnesses, to have the power to compel witnesses, and to have a lawyer.
The Seventh Amendment guarantees the right to trial by jury.
The Eighth Amendment famously forbids cruel and unusual punishment.
It is only wrong to say that rights apply exclusively to non-citizens and criminals because rights may have the effect of allowing an individual to prove that they are a citizen or are not a criminal.
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The Rights of non Citizens and Criminals
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