If Juan isn't a citizen.....he is not covered by the Constitution. ......
One you have to prove he is not an American Citizen and then you have a real problem. Foreign people are governed by the Constitution:
The reason for this is because of what the Framers of the Constitution believed. They did not believe that the "Constitution granted rights" but that those rights already existed as part of the natural order of who we are and that it merely "enshrined them" and prevented the government from encroaching on them. You have those rights regardless of what the US government says. The Constitution isn't about the citizens, it's about the government and framing the function of the government. Thus, as a human, you have those rights naturally by merely existing, the Constitution is there to prevent the government from stepping on those inalienable rights.