Does the Bill of Rights apply to non-citizens?

[Matt Collins]

See my case, posted at eSnips, and elsewhere on this site.
We have requested oral arguments on the current habeas corpus appeal. It's been an interesting ride, and it's not over yet.

I think it's critical, we have just got to get people out there who become more aware of it.

 

[SimpleName]

I think we have gone off course in an argument about Bill of Rights vs. Natural Rights. Going through all 5 pages, I haven't seen any definitive answer besides maybe something in the Harry Browne article as to whether the Bill of Rights, under current laws (forget libertarian philosophy for a moment), would apply to non-citizens. I would like to know the answer myself. It seems as though the Bill of Rights, although being more of a protection of natural rights than given rights, still doesn't apply to non-citizens. I tried to find a government site that would state their policy, but no such luck.

Despite the lack of luck with actual Congressional/Constitutional law, there very well may be treaties that protect non-citizens. 40 countries (i think) approved the United Nation's 'Declaration on the Human Rights of Individuals Who are not Nationals of the Country in which They Live' in 1985. There isn't much information I've found about it, but take and run with it. If you can count such a thing as a treaty and not just declaratory (the word "declaration" gives it away), well then the United States (if it were one of the 40) would probably grant you all such rights. But again, beyond this, there are probably a few treaties granting certain rights to non-citizens who enter.

Maybe the OP just wanted discussion. I don't know. But if you really wanted to know current laws (no matter the Constitutionality), I hope somebody can find something.

 

[eduardo89]

Maybe the OP just wanted discussion. I don't know. But if you really wanted to know current laws (no matter the Constitutionality), I hope somebody can find something.

Yeah I was more interested in what current law and legal rulings say as to whether non-citizens have the same legal protections under the Bill of Rights as US citizens.

I'm not a US citizen, I have Mexican (birth), Canadian (naturalized) and I'm applying for Spanish (descent) citizenship, so I was curious as to my rights when I'm in the states. I'm curious to know if I have the same legal rights (meaning what's currently law, not what should be law) to things such as speech and the right against improper search/seizure.

Any info would be appreciated and interesting to look at.

Also, does anyone know what rights you have at the airport with regards to having you bags searched by TSA agents?

 

[torchbearer]

Yeah I was more interested in what current law and legal rulings say as to whether non-citizens have the same legal protections under the Bill of Rights as US citizens.

I'm not a US citizen, I have Mexican (birth), Canadian (naturalized) and I'm applying for Spanish (descent) citizenship, so I was curious as to my rights when I'm in the states. I'm curious to know if I have the same legal rights (meaning what's currently law, not what should be law) to things such as speech and the right against improper search/seizure.

Any info would be appreciated and interesting to look at.

Also, does anyone know what rights you have at the airport with regards to having you bags searched by TSA agents?

you'd have the same rights as citizens here, meaning- none.