Some folks walk around waving the Constitution like it’s a VIP club card—citizens only, no foreigners allowed. To which I say: read the damn thing.
It doesn’t start with “We the Citizens.” It starts with “We the People.” And that little distinction? While the Preamble is not law, nor has it been used in any law case, it matters. Because the Constitution was never meant to be a gated community with a flagpole. It was built as a framework of law, not a license for selective justice.
Yet here we are in 2025, watching self-appointed patriots howl that undocumented children, asylum seekers, or legal residents have no rights because they’re not “citizens.” That’s not patriotism—that’s ignorance with a side of authoritarianism.
Let’s run the tape back.
In 1886, a Chinese laundryman named Yick Wo got targeted for having the wrong face in the wrong town. Supreme Court said nope—the 14th Amendment protects “persons,” not just citizens. That ruling’s older than your immigrant great-granddaddy’s suspenders.
Then in 1896, the feds tried to get cute again—this time jailing Chinese immigrants and sentencing them to hard labor without trial. That case? Wong Wing v. United States.
The Court made it crystal clear: the Fifth and Sixth Amendments apply to everyone on U.S. soil, no matter where they were born or what papers they carry.
No trial, no punishment. Period. Even for people the government is trying to deport.
In other words, you don’t lose your humanity at the border.
Fast-forward to Plyler v. Doe, 1982. Texas tried to bar undocumented kids from public school. The Court slapped that down too—because we don’t punish children for where they were born. At least, not unless you’re running on the “Cruelty is the Point” platform. They read this part of the Fourteenth Amendment: “… 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.“
And yes—even people held for deportation still have rights. In Zadvydas v. Davis, the Supreme Court said in 2001 indefinite detention is unconstitutional. Doesn’t matter what country you’re from—due process still applies.
Bottom line: The Supreme Court has repeatedly affirmed that the rule of law applies to all people under U.S. control, regardless of immigration status.
What all these cases scream—louder than a Texas summer cicada—is this: Equal protection means all people. Not just taxpayers. Not just voters. Not just people you like. All people. That’s what makes this country different from every tin-pot regime that locks up whoever they please.
But logic doesn’t matter much to the Constitution-for-Citizens-Only crowd. They’re not interested in law; they’re chasing a fantasy of fortress America, where rights are rationed like ammo. They don’t want rule of law—they want rule by fear.
Let me say it plain: the moment we start deciding who gets rights based on paperwork instead of principle, the whole house starts to rot. Because if you can toss out due process for the guy across the border, what’s to stop them from tossing yours when you’re on the wrong side of the political fence?
This isn’t just about immigrants. It’s about us. It’s about whether we believe the Constitution means something, or whether it’s just a prop for folks who like dressing up in tri-corner hats and shouting on Facebook.
So next time someone says non-citizens don’t have constitutional rights, hand them a copy of Wong Wing, Yick Wo, Plyler, and Zadvydas—and maybe a pocket Constitution while you’re at it.
Because rights aren’t for sale, and they sure as hell aren’t just for citizens. They’re for people. And we the people better damn well remember that.