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?


Asked on 4/18/02, 11:13 am

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

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.

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Answered on 4/18/02, 3:24 pm


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