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Lv 7
? asked in Politics & GovernmentLaw & Ethics · 1 decade ago

Do foreigners have any Constitutional rights in the USA?

The US Constitution does not actually mention foreign residents so it would appear that any legal rights and protections for foreigners is a matter of custom and practise rather than enforceable up to the Supreme Court. Is what lies behind some of the Patriot Act legislation and the failure of some States to allow people access to their Consuls. What does it mean for people extradited to the US?

Update:

Thanks for the efforts guys. Just to clarify I meant non-citizens legally or illegally in your country. See the case of Javier Medina. http://www.ccadp.org/javiermedina.htm. There are also cases of terror suspects being held without their consuls being informed.

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  • 1 decade ago
    Favourite answer

    Internationally recognized human rights are extended to foreigners who reside in the USA; however, there are certain conditions that can either cause them to be charged with a crime or deported. This is why they do register with the Federal gov.

    Constitution does not have to mention it, it was covered under the USA efforts and participation with the United Nations development of Internationally recognized human rights--no individual take notariety for that, it's simply a National presentation of American values.

    The actual rights are a little different when it comes to how the law is applied and which laws they can be charged with.

  • WRG
    Lv 7
    1 decade ago

    The US Constitution really does more to limit government than it does to bestow rights to the individual or the states. Most of the Bill of Rights start with the words"Congress shall pass no law..." These limitations were passed on the states via the 14th amendment.

    It also outlines who can vote and hold office and that is limited to citizens. But all of the other rights pretty much cover anyone that is in the US legally and in most cases those that are here illegally. But since they are here illegally they are breaking our laws and subject to punishment.

  • 1 decade ago

    depends. Are these foreigners legal citizens of the country? The Constitution represents all legal citizens of our country, regardless of race. Now illegals? That's a different story all together.

  • Anonymous
    1 decade ago

    Yes and No. If they are some random person then that foreigner has to take a test of citizenship to have constitutional rights. If he or she is like a King or Queen, Emperor he or she is a foreign diplomat and has power over constitutional rights as long they don't abuse it that is.

  • Jay
    Lv 7
    1 decade ago

    They have all the rights that you do.

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