Legal Question in International Law in Virginia
Foreign citizens rights
How do the constitution and laws apply to persons legally VISITING or residing in our country? What protections are foreign citizens guranteed and where are the answers located?
1 Answer from Attorneys
Re: Foreign citizens rights
Foreign nationals legally visiting or residing in the United States are required to obey and comply, generally, with the same laws that apply to U.S. citizens.
However, a series of U.S Supreme Court decisions
over the last 100 years or so makes clear that
these non-citizen visitors or residents do not enjoy the same legal protections afforded U.S. citizens by the Constitution and, in particular, The Bill of Rights. This explains why the U.S government is able to detain at this very moment hundreds of non-citizens indefinitely merely on the barest suspicion of involvement in terrorism
or on suspected violations of U.S. immigration laws.
There is no clear agreement as to exactly what protections foreign nationals are guaranteed when they either visit or take up residence in the United States, but you can be assured that whatever rights you have in mind, whether DUE
PROCESS or PROTECTION AGAINST UNREASONABLE SEARCH AND SEIZURES, these foreign nationals enjoy substantially less protection than U.S. citizens.