The fundamental constitutional protections of due process and equal protection embodied in our Constitution and Bill of Rights apply to every "person" and are not limited to citizens. The framers of those documents as well as the authors and ratifiers of post-Civil War amendments all understood the essential importance of protecting non-citizens against governmental abuse and discrimination.
Our nation has unquestioned authority to control its borders and to regulate immigration. But we must exercise the awesome power to exclude or deport immigrants consistent with the rule of law, the fundamental norms of humanity and the requirements of the Constitution.
