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US Supreme Court on Immigration Protections

The US Supreme Court's stance on constitutional protections for noncitizens in the United States, including due process rights and the distinction between admission at the border and continued presence inside the country.

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Feb 6, 2026

Supreme Court has stated that, “as a general rule, it is not a crime for a[n undocumented immigrant] to remain present in the United States.”

The assembled reporting shows the has long treated noncitizens physically present in as “persons” entitled to at least some constitutional protections, and the Court’s precedents draw a distinction be...