On Wednesday, Sept. 17, we commemorate the signing of the U.S. Constitution in 1787, marking the beginning of Constitution Week. For many Americans, this annual observance passes without notice. Yet for immigrants pursuing citizenship, the Constitution is not an abstract document; it is something they must deeply study, memorize, and demonstrate an understanding of. Applicants for naturalization must pass a civics test covering core principles, from the Declaration of Independence and the Bill of Rights to the roles of government branches. Drawing from a pool of 100 questions, they must answer six correctly. The result is that many new Americans know the Constitution better than the average citizen and, arguably, better than some elected officials who have sworn to defend and uphold it.
The reasons so many people live in the United States without legal status are complex. Some are asylum-seekers or green card applicants caught in a broken, backlogged system that can take years, even decades, to process. Others, often fleeing violence or seeking economic opportunity, crossed the border without authorization. While unlawful entry is a misdemeanor, this does not negate the constitutional protections that apply to every person on U.S. soil. There is a critical distinction between those with a legal pathway to citizenship – like asylum-seekers or visa applicants caught in the system – and those who enter without authorization. However, the foundational rights guaranteed by the Constitution apply to all.
The Constitution guarantees these protections to everyone, not just citizens. Habeas Corpus ensures that no one is detained without the right to challenge it in court. It is a fundamental safeguard against arbitrary and unlawful imprisonment. Due Process, guaranteed by the Fifth and Fourteenth Amendments, forbids the government from depriving anyone of life, liberty, or property without fair legal procedures. This means every individual is entitled to a fair hearing and a chance to defend themselves. The Rule of Law requires that all government officials act within the bounds of the law, not based on personal whim or discretion. Lastly, Birthright Citizenship, as defined in the Fourteenth Amendment, ensures that anyone born on U.S. soil is automatically a citizen with full rights, regardless of their parents' immigration status. This principle reflects the American Revolution’s fight against taxation without representation: the Founders insisted that those subject to U.S. laws must also enjoy the protections and rights of citizenship.
These protections are not theoretical; they are under threat. While campaigning, Donald Trump promised immigration enforcement would focus on violent criminals. Instead, he ended the asylum program and expanded U.S. Immigration and Customs Enforcement operations that now arrest and detain immigrants with no criminal record – people working, paying taxes, and raising families. Their crime, for many, is a misdemeanor, yet they are being denied due process and the chance to seek a better life. Approximately 70% of people in ICE detention have no criminal conviction, with most facing minor or immigration-related charges.
This approach not only violates fundamental constitutional principles but also causes immense social and economic harm. Families are torn apart, and U.S.-born children – who are full citizens – suffer trauma and upheaval through no fault of their own. Furthermore, communities and entire industries are destabilized. Immigrant labor is essential to the U.S. economy, particularly in sectors like agriculture, hospitality, manufacturing, construction, and health care. When millions live in fear of deportation, crops go unharvested, hotels and restaurants struggle, housing projects slow, and hospitals face critical staffing shortages.
The reality of millions living without legal status is the product of decades of failure by both political parties to address porous borders and modernize the immigration system. Instead of pursuing comprehensive solutions, leaders have defaulted to scapegoating. It is ironic that some of the people who understand the Constitution best are the very ones being targeted. They know, perhaps better than some native-born citizens, that Habeas Corpus, Due Process, and Birthright Citizenship are protections for everyone, not privileges for a select few. They understand that fairness, accountability, and legal protections are the foundations of a functioning democracy.
Constitution Week reminds us that the United States is strongest when we honor its founding promises. If we expect immigrants to learn, respect, and live by these principles, we must uphold them ourselves and demand that our leaders do the same. To apply our core constitutional principles selectively is hypocrisy. To ignore them is a betrayal of the very document we claim to revere.
