meaner gene
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- Feb 11, 2017
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What constitutional rights do undocumented immigrants have?
The administration’s “zero-tolerance” immigration policy and the recent surge in family separations at the border -- a practice President Donald Trump ended through executive order -- has called attention to the legal rights of immigrants under U.S. law.

What constitutional rights do undocumented immigrants have?
To answer those questions, we must start with a more basic question–does the U.S. Constitution apply to undocumented immigrants?
“Yes, without question,” said Cristina Rodriguez, a professor at Yale Law School. “Most of the provisions of the Constitution apply on the basis of personhood and jurisdiction in the United States.”
Many parts of the Constitution use the term “people” or “person” rather than “citizen.” Rodriguez said those laws apply to everyone physically on U.S. soil, whether or not they are a citizen.
As a result, many of the basic rights, such as the freedom of religion and speech, the right to due process and equal protection under the law apply to citizens and noncitizens.