Fact check: How do constitutional protections apply to non-citizens in ICE custody?

1. Summary of the results

Constitutional protections DO apply to non-citizens in ICE custody, with several key rights being consistently emphasized across sources:

• First, Fourth, and Fifth Amendment protections apply regardless of immigration status ^[1]
• The right to remain silent and protection against self-incrimination ^[2]
• Due process rights under the Fifth and Fourteenth Amendments ^[3]
• Protection against unreasonable searches ^[1]
• The right to challenge deportation in immigration court ^[1]

2. Missing context/alternative viewpoints

Several important nuances were not addressed in the original question:

• The Constitution generally phrases rights as limitations on government power rather than protections specific to citizens ^[4]
• Green card holders have rights "akin to American citizens," suggesting a tiered system of protections ^[2]
• The "plenary power" doctrine gives the federal government broader immigration enforcement powers, creating some limitations to these protections ^[4]
• ICE detainer practices may be potentially unconstitutional when conducted without judicial oversight ^[5]

3. Potential misinformation/bias in the original statement

The original question might suggest uncertainty about whether constitutional protections apply to non-citizens, when in fact this is well-established law. Multiple sources emphasize that:

• Constitutional protections apply to "all persons" or "every person," not just citizens ^[5]
• Rights are based on personhood, not citizenship ^[6]
• As stated by lawyer Raha Wala: "no matter who you are or where you're born, what your immigration status is, you do have constitutional rights here in the United States" ^[2]

This clarity is important because:

• Immigration advocacy groups benefit from emphasizing these protections to protect immigrant rights
• Law enforcement agencies might benefit from downplaying these protections to maintain broader enforcement powers
• Legal professionals and civil rights organizations have a vested interest in ensuring these constitutional protections are understood and upheld