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Do unauthorized immigrants have constitutional rights? [1]

['Tom Kertscher', 'Wisconsin Watch', 'More Tom Kertscher', 'State Fact Brief Reporter', '.Wp-Block-Co-Authors-Plus-Coauthors.Is-Layout-Flow', 'Class', 'Wp-Block-Co-Authors-Plus', 'Display Inline', '.Wp-Block-Co-Authors-Plus-Avatar', 'Where Img']

Date: 2025-11-10 19:15:04+00:00

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Yes.

The Constitution’s Fifth Amendment says: “No person shall be … deprived of life, liberty, or property, without due process of law.”

The 14th makes the same declaration and says no state shall “deny to any person … the equal protection of the laws.”

The U.S. Supreme Court has held that all people in the U.S. have constitutional protections, though citizens have additional rights.

Due process generally means that the government must give individuals a chance to defend themselves in a fair hearing, such as in court.

Politico reported Oct. 31 that more than 100 federal judges have ruled that the Trump administration’s effort to systematically detain immigrants facing possible deportation appeared to violate their rights or was illegal.

All people also have other constitutional protections, including the right to free speech and assembly and to a public education.

Citizens have additional constitutional protections, such as the right to vote.

This fact brief is responsive to conversations such as this one.

Sources

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[1] Url: https://wisconsinwatch.org/2025/11/us-immigrants-unauthorized-constitutional-rights-equal-protection-immigration/

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