🔒 The Constitution Protects “Persons,” Not Just “Citizens”


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Constitutional Rights & Immigration | JSA2026 Platform

Understanding the Constitution & Illegal Immigration

Many Americans wonder how undocumented immigrants can claim constitutional rights. The truth is, the U.S. Constitution protects more than just citizens — and that’s where the confusion begins.

🔍 Who Is Protected Under the Constitution?

Most core rights use the word “person” — not “citizen.” That means anyone on U.S. soil, even illegally, has some legal protections. These include:

  • Due Process (5th & 14th Amendments) – Cannot be detained or punished without legal procedure
  • Equal Protection (14th Amendment) – Cannot be singled out arbitrarily by state laws
  • Basic Human Rights – Freedom from cruel treatment by government actors

⛔ What Illegal Immigrants Don’t Automatically Get

  • No right to vote
  • No access to gun ownership or federal aid
  • No automatic right to stay in the U.S.
  • No protection from deportation unless eligible for asylum or similar relief

⚖️ Court Cases That Set the Precedent

  • Plyler v. Doe (1982) – States can’t deny undocumented kids a public education
  • Zadvydas v. Davis (2001) – Government can’t detain illegal immigrants indefinitely
“You can be here illegally… and still demand your rights when the government acts unjustly.”

📢 JSA2026 Campaign Position

Jason S. Arnold says:

“I believe in the Constitution — but it’s being weaponized to protect lawbreakers over law-abiding citizens. We need a system that distinguishes between due process and undue privilege. I’ll fight to fix that imbalance in New York and across this country.”

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