The Fifth and Fourteenth Amendments to the United States Constitution guarantee “all persons” the rights to due process and equal protection. For more than 100 years, U.S. courts have interpreted the federal Constitution to extend protections to both citizens and non-citizens. (See U.S. v. Wong Kim Ark; see Fong Yue Ting v. U.S.). Both federal law and its interpretation by federal courts guarantee every person on U.S. soil protection under the laws, to notice of pending allegations or charges, and to the opportunity to be heard by a judge.
U.S. law does not support denying any person these constitutional protections.
The Latino Affairs Committee of the Indiana State Bar Association serves to explain the laws and provide insight into the application of these laws and their effect primarily on the Indiana Latino community. The Committee states that federal courts have interpreted the protection offered by U.S. laws applies to non-citizens living in the United States.
The Committee feels any practices or activities that contradict these federal court interpretations are not supported by law, regardless of the individuals or agencies who promote them. The Committee will continue to provide analysis on the legal aspects of current events in our country as they impact the Indiana Latino community.