Understanding Constitutional Rights: Are Illegal Immigrants Included in We the People

To those of you who constantly claim that illegal immigrants have constitutional rights and the right to Due Process, know that you are revealing your failure to have studied the Constitution and showing complete ignorance of what it actually states. If you had done so, you would understand that the phrase “We the People” does NOT include everyone within the country’s borders. In the Preamble and the Constitution, these rights are clearly specified to apply only to persons born or naturalized in the United States. To grasp this issue thoroughly, you must study the Constitution itself, especially the Preamble and the 14th Amendment, which define who holds these rights.

The Constitution begins with the Preamble, a brief introduction that outlines the document's purpose and goals. It reads:

“We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.”

This opening phrase, “We the People,” is crucial because it establishes that the Constitution was created by and for the people of the United States. It rejects the idea of a monarchy or ruling elite and emphasizes democracy and equality among citizens. The phrase implies that the Constitution’s protections and powers come from the collective will of the people.

But who exactly are these people? The Constitution does not explicitly define “We the People” in the Preamble. Instead, this definition is clarified later, primarily through amendments.

The 14th Amendment, ratified in 1868, provides a clear legal definition of citizenship in the United States. Section 1 states:

“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”

This means that an individual must have been born on U.S. soil or legally naturalized to be a citizen. Citizenship grants individuals full rights and protections under the Constitution. The amendment also prohibits states from making laws that infringe on the privileges or immunities of citizens.

The key phrase here is “subject to the jurisdiction thereof.” This excludes certain groups, such as children of foreign diplomats, who are not subject to U.S. laws in the same way, and significantly, the 14th Amendment does not extend citizenship or constitutional rights to individuals who enter or remain in the country illegally.

The Constitution guarantees certain rights to citizens; the Constitution does not grant illegal immigrants the same full rights as citizens. The 14th Amendment’s citizenship clause excludes illegal immigrants from being considered part of “We the People” in the sense of full constitutional membership. Illegal immigrants only have the right to due process in deportation proceedings; they do not have the full range of constitutional rights reserved for citizens.

• Voting Rights: Only U.S. citizens have the right to vote in federal elections. Illegal immigrants cannot vote, as voting is a right tied directly to citizenship.

  
  

• Holding Public Office: Citizenship is required to hold federal office. Illegal immigrants are excluded from these roles.

  
  

• Due Process: Illegal immigrants have the right to due process in immigration court only, meaning they can challenge deportation. This is a limited constitutional protection extended to “persons.”

  
  

• Access to Public Benefits: Public benefits are restricted to citizens or legal residents. Illegal immigrants do not qualify for these benefits.

Understanding who the Constitution protects helps clarify the legal and political questions surrounding immigration. Those who argue that illegal immigrants have full constitutional rights are overlooking the distinction between citizenship and personhood in constitutional law.

This distinction affects policy decisions, court rulings, and public opinion. It also influences how laws are enforced and how immigrants are treated within the legal system.

The phrase “We the People” in the Constitution refers to U.S. citizens, as defined by the 14th Amendment. While constitutional protections apply to legal citizens of the United States, illegal immigrants do not have the rights of legal citizens. The Constitution draws a clear line between citizenship and non-citizenship, defining the rights and responsibilities of everyone living in the country.