Consitutional Rights of PR

[jmosborn 1]

Hey folks, I'm having a hard time finding information on this topic (both on VJ and with google).

Can anyone direct me to information about exactly what rights a Permanent Resident (conditional in my case) has compared to a citizen? Do any of you have lawyers that have advised you on this topic? In my searches I could only find talk about a PR's right to work, live, own property, etc. in the US. But what about the full constitutional rights that I know a citizen enjoys? For example, what about the 4th and 5th Amendments to the Constitution protecting a person from unwarranted searches, granting due process, right to a lawyer, to remain silent, etc. Is a PR protected by these rights? My wife wants to know what her rights are and I realized I had no idea if she is protected by these rights while a PR!

I appreciate in any help. Thanks!

[Scott and Mhay 57]

Hey folks, I'm having a hard time finding information on this topic (both on VJ and with google).

Can anyone direct me to information about exactly what rights a Permanent Resident (conditional in my case) has compared to a citizen? Do any of you have lawyers that have advised you on this topic? In my searches I could only find talk about a PR's right to work, live, own property, etc. in the US. But what about the full constitutional rights that I know a citizen enjoys? For example, what about the 4th and 5th Amendments to the Constitution protecting a person from unwarranted searches, granting due process, right to a lawyer, to remain silent, etc. Is a PR protected by these rights? My wife wants to know what her rights are and I realized I had no idea if she is protected by these rights while a PR!

I appreciate in any help. Thanks!

Hmm that's a good question. I guess i never really thought about it. I know that as long as they are only a PR, they have to give notification of everytime they move. the USCIS needs this information....but as the questions you are asking, i dont know. I know someone will have a link to the answer.

[Scott and Mhay 57]

Hmm i wonder if this means that everything in the constitution?

Rights

As a Permanent Resident you have most of the rights of a United States Citizen but there are some exceptions.

Rights

-To live permanently in the United States provided you do not commit any actions that would make you removable (deportable) under the immigration law (section 237, Immigration and Nationality Act).

-To be employed in the United States at any legal work of your qualification and choosing.

-To be protected by all of the laws of the United States, your state of residence and local jurisdictions. To vote in local elections where United -States Citizenship is not required. Click here for more details on voting.

Exceptions

-Some jobs will be limited to United States Citizens because of security concerns.

-You may not vote in elections limited to United States Citizens. Click here for more details on voting.

http://www.ailc.com/howdoi/PermRes.htm

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

Edited November 23, 2009 by Scott and Mhay

[Minya's wife 25]

Hey folks, I'm having a hard time finding information on this topic (both on VJ and with google).

Can anyone direct me to information about exactly what rights a Permanent Resident (conditional in my case) has compared to a citizen? Do any of you have lawyers that have advised you on this topic? In my searches I could only find talk about a PR's right to work, live, own property, etc. in the US. But what about the full constitutional rights that I know a citizen enjoys? For example, what about the 4th and 5th Amendments to the Constitution protecting a person from unwarranted searches, granting due process, right to a lawyer, to remain silent, etc. Is a PR protected by these rights? My wife wants to know what her rights are and I realized I had no idea if she is protected by these rights while a PR!

I appreciate in any help. Thanks!

Residents are afforded the same rights as US citizens under the 4th and 5th Ammendments and all other parts of the Constitution.

US Constitution, Amendment 14

1. 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. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; 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.

"We the people" means all people with repsect to the amendments you've cited.

[canadian_wife 1,826]

Actually - tourists are afforded some of the same rights in the Constitution. Those who come into the US are offered the same protections and rights as citizens unless specifically stated that the right is reserved for a US citizen. This was determined by the Supreme Court (although I cannot find the case to save my life) under the 14th Amendment's Equal Protection Clause focusing on "no state shall....deny to any person within its jurisdiction the equal protection of the laws" so it is understandable that LPR's are offered the same rights.

Now, not to confuse but the right to remain silent, to a lawyer, etc is NOT in the constitution - it is the Supreme Court ruling Miranda v. Arizona

Good luck.

[jmosborn 1]

Fantastic replies, thanks everyone!

Sounds like according to both the USCIS and the Constitution itself (Amendment 14) a PR is protected by the Constitution and state and local laws, with the exceptions that the USCIS gives.

Now, not to confuse but the right to remain silent, to a lawyer, etc is NOT in the constitution - it is the Supreme Court ruling Miranda v. Arizona

Insofar as Miranda v. Arizona sets a legal standard for how certain constitutional rights (e.g., 5th and 6th Amendments) should be interpreted, I don't see why a PR would be exempted from those processes either.

Now I can teach me wife about the rights and freedoms she enjoys here with more confidence. Thanks all.

[canadian_wife 1,826]

I didn't say she was exempt from Miranda v. Arizona, I just said those rights are not directly in the Consitution. Of course she is protected by that ruling.

[rebeccajo 14]

ALIEN

Definition

For purposes of the Immigration and Nationality Act (INA), any person who is not a citizen or a national of the United States. There are different categories of aliens: resident and nonresident, immigrant and nonimmigrant, asylee and refugee, documented and undocumented ("illegal").

Overview

According to the Immigration and Nationality Act (INA), an alien is an individual who does not have U.S. citizenship and is not a U.S. national. The INA defines a national of the United States as one who, while not a citizen, owes permanent allegiance to the United States. One owes personal allegiance to the United States if that person has taken an oath of naturalization.

Naturalization occurs when an alien applies for citizenship. They must prove a series of eligibility requirements in order for the Bureau of Citizenship and Immigration Services to certify the naturalization request. Without receiving naturalized citizenship, a person can live in the United States for decades without officially becoming a "national."

For individuals who possess citizenship at one time but later renounce that citizenship, renunciation renders those individuals aliens. Renouncing one's citizenship requires taking a formal oath of renunciation. After renouncing, such persons can either pledge allegiance to another country or can declare themselves "world citizens."

One who alleges alienage bears the burden of proving the claim by a "clear and satisfactory" standard, and the claimant must prove the alienage successfully to initiate a deportation proceeding. To issue a deportation order, the court must find evidence that clearly, unequivocally, and convincingly proves alienage.

A series of classifications exist to describe aliens and their relationships to the United States. In the past the government used the terms "resident alien" and "non-resident alien," but the government has replaced these terms with "immigrant" and "non-immigrant." Some aliens also receive "refugee" or "asylee" status.

Rights, Privileges, and Duties of Aliens

Legal immigrants enjoy the opportunity to reside within the United States without having obtained U.S. citizenship. While they have no legal or constitutional rights to remain within the country, they may stay provided that the government renews their visas at the expiration of the previous visa. In return for the U.S. granting temporary residence, these aliens owe "temporary allegiance" to the United States. Temporary allegiance involves obeying all U.S. laws while within the U.S., implied consent to U.S. court jurisdiction for alleged violation of tort and commercial laws, and submission to the court system's power of subpoena. While aliens may face suit under tort or commercial laws, they also possess the right to sue.

Despite the obligations that fall under temporary allegiance, the law affords aliens many of the rights that U.S. citizens possess. Aliens have the right to gain employment, and states cannot use discriminatory methods to protect local jobs for state citizens at the expense of aliens. Furthermore, employers cannot deprive aliens of the federal and state mandatory minimum wages.

Aliens also receive treatment very similar to the treatment that U.S. citizens receive in the context of the judicial system. For instance, the Fifth and Fourteenth Amendments of the United States Constitution apply to aliens residing within the United States. As such, the courts guarantee aliens the right to due process of law and equal protection of the laws. Courts have generally construed the Fourth Amendment as applicable to aliens as well. The Fourth Amendment prohibits the government from conducting unreasonable searches and seizures.

Congress has the preeminent power in terms of passing statutes that regulate immigration and alienage. Consequently, the United States Constitution enables Congress to delineate the rights, duties, and liabilities that accompany legal immigrant status. Congressional power in this realm, however, must comply with the qualification that any law resulting in disparate treatment between aliens and citizens must bear some relation to a legitimate goal impacting immigration law. When a law treats an alien differently from a U.S. citizen, courts treat the law as inherently suspect and apply strict scrutiny when considering the law's constitutionality.

Aliens who reside in the U.S. bear certain obligations that U.S. citizens also bear. These obligations include paying state and federal taxes and submitting to the draft lottery system in times of war. For situations in which an alien fails to abide by these obligations, the alien may retain counsel and assistance from the alien's embassy.

States possess the power to confer additional rights on aliens within their respective jurisdictions. While states may not pass regulations affecting aliens that directly conflict with federal laws or the U.S. Constitution, states may pass other regulations if they bear some rational relationship to a legitimate state interest.

State law controls the right of an alien to hold real property in the particular state. Under common law, the alien had property rights similar to those of citizens. Currently, most states have enacted statutes following the common law, but a few have forbid aliens, ineligible for U.S. citizenship, from holding or acquiring real property. These laws have resulted in some successful challenges by aliens who claimed the laws were unconstitutional.

Access to the Courts

Generally, both legal and illegal immigrants have the right to bring suit in United States federal court. Federal civil rights statutes also expressly permit aliens to bring claims of civil rights violations in federal court. States have generally provided aliens with access to their court systems as well, provided that the alien resides within the particular state.

U.S. courts typically grant nonresident aliens the right to sue only if the cause of action arose within the United States. A series of recent U.S. Supreme Court cases, however, has determined that non-resident aliens detained by U.S. military forces may bring suit in U.S. federal court. See War Powers.

When invoking federal question jurisdiction, federal statutes provide aliens with access to the federal court system in the following three scenarios: allegations of civil rights violations by the federal government, allegations of Equal Protection Clause violations by the federal government, and allegations of violations of the Refugee Act of 1980.

Federal diversity jurisdiction permits suits in which a party commences a suit between diverse citizens with an alien as an additional named party on either or both sides of the suit. Alienage must exist at the time that the cause of action commences. If, however, a suit commences in which aliens fall on both sides of the suit but citizens fall on only one side or neither side, then diversity jurisdiction fails.

http://topics.law.cornell.edu/wex/alien

Edited November 24, 2009 by rebeccajo

[jmosborn 1]

rebeccajo, very helpful, thank you. I'm no legal expert, but I believe that paper supports the conclusions above about the 4th, 5th, and 14th amendments, rights to due process, etc. This is the most interesting part to me, which I didn't know:

Congress has the preeminent power in terms of passing statutes that regulate immigration and alienage. Consequently, the United States Constitution enables Congress to delineate the rights, duties, and liabilities that accompany legal immigrant status. Congressional power in this realm, however, must comply with the qualification that any law resulting in disparate treatment between aliens and citizens must bear some relation to a legitimate goal impacting immigration law. When a law treats an alien differently from a U.S. citizen, courts treat the law as inherently suspect and apply strict scrutiny when considering the law's constitutionality.

Edited November 24, 2009 by jmosborn

[TBoneTX 45,853]

This is indeed helpful and fascinating information to have on this site. Good luck (to USCs, too) finding many remaining shreds of the Fourth Amendment, however.

[Old Dominion 26]

Sometimes our rights are violated, and if they are, we can go to court to protect them.