Yes, immigrants are protected by the U.S. Constitution. The brief answer is “Yes.” When it comes to key constitutional provisions like due process and equal treatment under the law, the U.S. Constitution applies to all persons – which includes both documented and undocumented immigrants – and not just U.S. citizens.
The 14th Amendment revoked the Black Codes by declaring that states could not pass laws that denied citizens their constitutional rights and freedoms. No person could be deprived of life, liberty, or property without due process (fair treatment by the judicial system), and the law was to be equally applied to everyone.
A major provision of the 14th Amendment was to grant citizenship to “All persons born or naturalized in the United States,” thereby granting citizenship to formerly enslaved people.
14th Amendment - Citizenship Rights, Equal Protection, Apportionment, Civil War Debt | Constitution Center.
A major provision of the 14th Amendment was to grant citizenship to “All persons born or naturalized in the United States,” thereby granting citizenship to formerly enslaved people.
Undocumented immigrants in the United States are entitled to the right to due process of law, a fundamental principle outlined in the Fifth and Fourteenth Amendments of the U.S. Constitution.
Aliens in the United States, including those whose presence is not authorized by the federal government, are persons to whom the Fifth and Fourteenth Amendments apply.
No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State ...
Fourteenth Amendment, Section 1: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.