The U.S. Constitution grants Congress the exclusive power to establish uniform rules for naturalization (becoming a citizen) and broadly regulates immigration, though it doesn't explicitly detail these powers, relying on federal authority derived from its overall structure and the Supreme Court's interpretation. Key constitutional aspects include Congress's authority to set citizenship laws (Article I, Sec.
, the 14th Amendment defining birthright citizenship, and due process/equal protection clauses from the Bill of Rights and 14th Amendment, which protect immigrants' rights, ensuring fair treatment and preventing discrimination.
HOWEV#R.... Sovereign Prerogative: The Supreme Court has repeatedly ruled that the power to admit, exclude, or deport non-citizens is an inherent "sovereign power" essential to national self-preservation and the conduct of foreign relations. Rights of Non-Citizens
The Supreme Court has consistently held that many constitutional protections apply to all persons within U.S. borders, regardless of their legal status.
Due Process (5th and 14th Amendments): Non-citizens are entitled to "due process of law" before they can be deprived of life, liberty, or property. In the context of deportation, this generally includes the right to a fair hearing and the opportunity to challenge evidence.
Equal Protection (14th Amendment): States cannot deny any person within their jurisdiction "equal protection of the laws." For example, the Court ruled in Plyler v. Doe (1982) that children cannot be denied a public education based on their immigration status.
Fourth Amendment Protections: Immigrants are protected from "unreasonable searches and seizures." Generally, immigration agents must have a judicial warrant or probable cause to enter a home.
Birthright Citizenship (14th Amendment): All persons born in the United States, and subject to its jurisdiction, are automatically U.S. citizens, regardless of their parents' status.
Limitations and Exceptions
Civil vs. Criminal Nature: Most removal (deportation) proceedings are considered civil, not criminal. Therefore, the Sixth Amendment right to a government-appointed lawyer does not typically apply; non-citizens have the right to an attorney, but must usually pay for one themselves.
Border Search Exception: Within a 100-mile radius of any U.S. border or at ports of entry (airports), the government has expanded authority to conduct warrantless searches without probable cause.
Expedited Removal: Under certain federal statutes, individuals caught near the border who have been in the country for a very short time may be subject to rapid removal without a standard hearing, though asylum seekers must still be granted a process to present their claims.