Know your rights · For everyone
Rights for everyone, whatever your status
Which rights in the Constitution protect every person in the U.S., and which are for citizens only. Read in the Constitution's own words.
The one-line version
Most rights in the Constitution protect every person in the U.S. Voting and running for federal office are for citizens.
The Constitution's own words
| The text says | Where | What it protects | Who it covers |
|---|---|---|---|
| “person” | 5th Amendment | Staying silent, and due process (fair legal steps) | Everyone in the U.S. |
| “any person” | 14th Amendment | Due process and equal protection from state governments | Everyone in the U.S. |
| “the accused” | 6th Amendment | A lawyer and a fair, speedy trial in a criminal case | Anyone charged with a crime |
| “the people” | 1st, 2nd and 4th Amendments | Assembly and petition, bearing arms, and freedom from unreasonable searches | Debated (see below) |
| “citizens” | 15th, 19th, 24th and 26th Amendments | Voting | Citizens only |
| “Citizen” | Article I, Sections 2 and 3 | Serving in the House (citizen 7 years) or the Senate (citizen 9 years) | Citizens only |
| “natural born Citizen” | Article II, Section 1 | Being President | Citizens from birth |
Most rights protect every "person"
- The Constitution uses different words for different rights. The words matter.
- When it says "person," the right protects everyone in the U.S., whatever their immigration status.
- The Fifth and Fourteenth Amendments use "person." They protect your right to stay silent and to fair legal steps.
- In Zadvydas v. Davis (2001), the Supreme Court said due process applies to everyone in the U.S.
Some rights are for citizens only
- Voting in federal and state elections is for citizens. Four amendments protect "the right of citizens" to vote.
- Serving in Congress and being President are for citizens.
- If you are not a citizen, do not register to vote, and never claim to be a citizen. Both can lead to deportation. See First-time voter.
Every child can go to public school
- Public schools cannot turn a child away because of the child's or parents' immigration status.
- In Plyler v. Doe (1982), the Supreme Court said this would break the Fourteenth Amendment's promise of equal protection.
- The ruling covers kindergarten through 12th grade. It does not cover college.
Still being decided
- Some rights belong to "the people," including the Fourth Amendment's protection from unreasonable searches.
- In United States v. Verdugo-Urquidez (1990), the Court said "the people" means people with enough connection to the United States.
- Lower courts have disagreed about how that applies to people in the U.S. without legal status.
- Courts generally apply the protection of the home and the right to remain silent to everyone in the U.S.
- In Department of Homeland Security v. Thuraissigiam (2020), the Court said people stopped soon after crossing the border can get fewer protections in some cases.
If immigration agents come
Common questions
Do undocumented immigrants have constitutional rights?
Yes, many of them. The Fifth and Fourteenth Amendments protect every "person," not only citizens. In Zadvydas v. Davis (2001), the Supreme Court said due process applies to everyone in the U.S., whatever their status.
Do green card holders have the same rights as citizens?
Most of them. Green card holders cannot vote in federal or state elections, serve in Congress, or become President. They can also be deported for some crimes. Most other rights in the Constitution protect them.
Can undocumented children go to public school?
Yes. In Plyler v. Doe (1982), the Supreme Court said a state cannot deny children a free public education because of their immigration status. It covers public schools from kindergarten through 12th grade.