General Discussion
In reply to the discussion: What part of non-citizen don't you understand? [View all]Spider Jerusalem
(21,786 posts)the Bill of Rights is construed as applying to "all persons", not merely to US citizens. There is quite a substantial body of law relating to this which affirms the right of non-citizen aliens in the US to Constitutional protections including right to trial. See Yick Wo v Hopkins, 118 U.S. 356 (1886), where the Supreme Court held "The fourteenth amendment to the constitution is not confined to the protection of citizens. It says: 'Nor shall any state deprive any person of life, liberty, or property without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.' These provisions are universal in their application, to all persons within the territorial jurisdiction, without regard to any differences of race, of color, or of nationality". See also Wong Wing vs US, 163 U.S. 228 (1896), where the majority held "it must be concluded that all persons within the territory of the United States are entitled to the protection guaranteed by those amendments, and that even aliens shall not be held to answer for a capital or other infamous crime, unless on a presentment or indictment of a grand jury, nor be deprived of life, liberty, or property without due process of law."
There's a lot more besides. "Non-citizen" doesn't matter here. This is the argument of someone who's either ignorant or stupid (or relying on the ignorance and stupidity of others).