What rights are available to immigrants living in the U.S.? Nonimmigrants?
The U.S. Supreme Court has ruled that many, but not all, fundamental rights guaranteed by the Constitution apply to all people within U.S. borders—including aliens whose presence in this country is unlawful. For examples, read these cases: Wong Wing v. United States, 163 U.S. 228 (1896); Zadvydas v. Davis, 533 U.S. 678, 693 (2001). These rights include equal protection of law under the Fifth and Fourteenth Amendments. Additionally, most people present in the U.S. without documentation are afforded basic procedural rights in the face of deportation, including a hearing before an immigration judge, interpretation services, reasonable notice of the charges against them, etc.