Noncitizen in the U.S.
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Noncitizens in the United States have certain rights and responsibilities, although they differ from those of U.S. citizens.

Here's an overview:

Rights of Noncitizens

  1. Due Process: The right to fair treatment through the judicial system.
  2. Freedom of Speech and Religion: The right to express opinions and practice any religion.
  3. Protection from Discrimination: The right to be free from discrimination based on race, nationality, or religion.
  4. Right to Work: Noncitizens with appropriate visas or work permits have the right to work in the U.S.
  5. Access to Education: The right to attend public schools and certain higher education institutions.
  6. Access to Emergency Services: The right to receive emergency medical care regardless of immigration status.

Rights of Noncitizens Who Violate the Law

Noncitizens in the United States, including undocumented immigrants whom may be targeted in a Deportation Process, have certain rights even if they violate the law. Here are some key rights that (should) ensure that noncitizens are treated fairly and justly within the U.S. legal system, regardless of their immigration status:

  1. Due Process: Noncitizens have the right to due process, meaning they cannot be deprived of life, liberty, or property without fair legal procedures (Fifth Amendment to the Constitution).
  2. Right to a Fair Trial: They have the right to a fair trial and legal representation in criminal cases.
  3. Protection from Cruel and Unusual Punishment: Noncitizens are protected from cruel and unusual punishment under the Eighth Amendment.
  4. Right to Appeal: They have the right to appeal deportation orders and other legal decisions.
  5. Access to Legal Counsel: While not guaranteed free legal counsel in immigration proceedings, noncitizens can hire attorneys to represent them (Sixth Amendment to the Constitution provides that “in all criminal prosecutions, the accused shall … have the assistance of counsel for his defense.” However, an undocumented immigrant facing deportation before the immigration court is not granted the right to legal counsel).

Further reading :

  • Andres E. Martinez Millan (2021) Undocumented Immigrants’ Rights Under the United States Constitution, Accessible Law, Spring 2021. url
  • Gretchen Frazee (2018) What constitutional rights do undocumented immigrants have? PBS News, June 25, 2018. url

Responsibilities of Noncitizens

  1. Obeying the Law: Following federal, state, and local laws.
  2. Paying Taxes: Paying taxes on income earned in the U.S.
  3. Maintaining Legal Status: Ensuring that their visa or immigration status is valid and up-to-date.
  4. Registering with Selective Service: Male noncitizens aged 18-25 must register with the Selective Service System.
  5. Reporting Address Changes: Informing the U.S. Citizenship and Immigration Services (USCIS) of any changes in address.

Noncitizens must adhere to these responsibilities to maintain their legal status and avoid potential legal issues. While they enjoy many of the same rights as citizens, certain rights, such as voting in federal elections, are reserved for U.S. citizens.

Source : Copilot, asked on January 25th, 2025. Citing Martinez Millan (2021) and Frazee (2018).

Links to other Societal architecture model elements and some modifications by the editor so as to better illustrate the relevance of the concept in public policy cycles at levels international, federal and national.