How does the Fourteenth Amendment apply to non-citizens and procedural due process?

1. What the text actually says: “any person,” not “any citizen”

The text of Section 1 reads that no state shall “deprive any person of life, liberty, or property, without due process of law,” language the Library of Congress’s Constitution Annotated and multiple legal sources interpret as covering “persons” broadly, not only citizens ^{[5] [1]}. Legal summaries and encyclopedias likewise underline that the Fourteenth Amendment extends due‑process protection beyond citizens ^{[6] [7]}.

2. How the courts have applied it to non‑citizens

The Supreme Court has long treated aliens physically present in the U.S. as “persons” entitled to due process and equal protection in many contexts. The Constitution Annotated cites cases (for example, Plyler v. Doe) holding that unlawfully present aliens receive Fourteenth Amendment protections, and it notes that presence—regardless of legal status—creates certain constitutional protections ^{[2] [1]}. Secondary sources summarize that the Due Process Clause has been used to require basic procedural protections when government action threatens liberty or property interests ^{[4] [3]}.

3. What “procedural due process” means in practice

Legal commentaries break procedural due process into concrete components—notice of the government’s charge or claim, an opportunity to be heard at a meaningful time and in a meaningful manner, and adjudicative neutrality—and apply these when a state action threatens a protected interest ^{[4] [8]}. The Constitution Center’s discussion emphasizes that the Clause was intended to offer federal protection of individual rights against state interference and that the Fourteenth mirrors the Fifth’s protections in many respects ^[3].

4. Limits, exceptions, and contested areas

While the core rule is that “persons” get due process, court doctrines differentiate between types of government action (criminal prosecution, civil sanctions, immigration removal, state regulatory action) and the procedural protections required can vary. The materials in the Constitution Annotated and encyclopedias explain that although many Fifth Amendment protections have been “incorporated” against the states through the Fourteenth Amendment, not every right is applied identically and courts have historically parsed scope and remedies ^{[3] [4]}. Available sources do not mention any definitive list here of which rights are always applied to non‑citizens, beyond the general holdings cited (not found in current reporting).

5. Immigration‑specific context and public debate

Reporting and educational pieces from 2025 note renewed political debates about whether due process protections should apply to non‑citizens facing removal; critics sometimes argue due process is meant for citizens, while courts and constitutional scholars cite precedents protecting non‑citizens present in the country (PBS NewsHour Classroom; PBS clip referenced) ^{[9] [10]}. The Constitution Annotated explicitly records the Court’s reasoning that aliens physically present are “persons” protected by due process and equal protection ^[2], so the legal consensus in documented case law does not align with the view that non‑citizens categorically lack constitutional due process ^{[2] [1]}.

6. Practical consequences for government procedures

Because courts treat present non‑citizens as “persons,” governments at state and local levels must provide constitutionally adequate procedures when their actions threaten protected interests—this can affect police seizures, civil fines, licensing, and some state‑level removals or detentions—though federal immigration removal proceedings are governed by a distinct statutory framework and additional federal jurisprudence ^{[4] [2]}. The Constitution Center and annotated law sources explain that Fourteenth Amendment due process operates to check arbitrary state action and has been used to require neutral decisionmakers and basic notice/hearing safeguards ^{[3] [8]}.

7. Bottom line and unresolved questions

Bottom line: authoritative legal analyses in the Constitution Annotated, Constitution Center, and legal encyclopedias state that the Fourteenth Amendment’s Due Process Clause protects “persons,” including non‑citizens present in the United States, and that procedural due process requires notice and an opportunity to be heard in contexts where life, liberty, or property are at stake ^{[1] [2] [4]}. What remains contested in politics—and sometimes litigated in courts—is how far those procedures must go in particular immigration and national‑security contexts; available sources document the legal baseline but do not exhaust all contemporary doctrinal disputes or pending litigation outcomes (not found in current reporting).