Understanding The Bill Of Rights: Permanent Residents' Entitlements

Lawful permanent residents, also known as green card holders, enjoy most of the benefits and freedoms that U.S. citizens do. They have the right to live and work anywhere in the U.S. and are protected by all laws of the U.S., their state of residence, and local jurisdictions. They can also join certain branches of the U.S. Armed Forces and own property and firearms. However, there are some key differences in rights between citizens and permanent residents. Permanent residents cannot vote in federal elections and cannot be elected to federal office, but they may vote in certain local elections and hold local and state offices.

Freedom of speech

Lawful permanent residents, or "green card" holders, have the same rights as US citizens in many respects. They are protected by all laws of the United States, their state of residence, and local jurisdictions. This includes the right to freedom of speech.

In the United States, freedom of speech and expression is strongly protected from government restrictions by the First Amendment to the US Constitution, many state constitutions, and state and federal laws. The First Amendment states that "Congress shall make no law...abridging freedom of speech." This means that people have the right to express opinions publicly without censorship, interference, or restraint by the government. The Supreme Court has, however, recognised several categories of speech that are given lesser or no protection by the First Amendment, including obscenity, fraud, child pornography, speech integral to illegal conduct, and speech that incites imminent lawless action.

The right to freedom of speech includes the right not to speak, such as the right not to salute the flag, as well as the right to contribute money to political campaigns, to advertise commercial products and professional services (with some restrictions), and to engage in symbolic speech, such as burning the flag in protest. Freedom of speech does not include the right to incite imminent lawless action, to make or distribute obscene materials, or to burn draft cards as an anti-war protest.

It is important to note that while freedom of speech is a fundamental right in the United States, it is not absolute and is subject to certain restrictions, such as time, place, and manner restrictions, which are intended to balance freedom of speech with other important societal values such as public order and peace.

Right to due process

Lawful permanent residents, or "green card" holders, have certain rights and are protected by all laws of the United States, their state of residence, and local jurisdictions. This includes the right to due process.

The Fifth Amendment states that "no person... shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law." This right to due process applies to both citizens and noncitizens.

In the context of immigration, the issue of due process is crucial. In the 1993 Supreme Court case Reno v. Flores, the Court ruled that the government must release children to their parents, a relative, or a licensed program within 20 days in deportation proceedings. Justice Antonin Scalia wrote, "it is well established that the Fifth Amendment entitles aliens to due process of law in deportation proceedings."

However, in practice, the right to due process for immigrants can be complex. While immigrants have the right to a hearing in an immigration court, the bar for what constitutes evidence may be lower than in other courts. For example, documents do not need to be authenticated, and hearsay may be admitted as evidence.

Additionally, under the expedited removal process, immigrants who have been in the country illegally for less than two years and are apprehended within 100 miles of the border can be deported without a court hearing. The exception is asylum seekers, who must be granted a hearing.

It is important to note that lawful permanent residents have specific rights and responsibilities outlined by the United States Citizenship and Immigration Services (USCIS) and other federal agencies. These rights include the ability to live and work permanently in the United States, with some job limitations for security reasons. Male permanent residents aged 18-25 are required to register with the Selective Service, and all permanent residents must obey US laws, pay taxes, and are expected to support the democratic form of government.

Right to legal counsel

Lawful permanent residents, or "green card" holders, have the same rights as citizens in the United States. This includes the right to legal counsel, which is guaranteed by the Sixth Amendment.

The Sixth Amendment states that "in all criminal prosecutions, the accused shall... have the assistance of counsel for his defence." This right was further clarified in the 1963 case of Gideon v Wainwright, where the Supreme Court ruled that if a person cannot afford an attorney, one must be appointed to them by the government.

However, it is important to note that this right to legal counsel does not always apply to deportation proceedings, as they are often considered civil cases rather than criminal cases. In recent years, the Trump administration's "zero-tolerance" policy has resulted in most illegal border crossings being treated as criminal cases, with the exception of parents crossing the border illegally with children.

While anyone facing a criminal charge has the right to counsel, the government is only required to provide counsel if the person is accused of a felony. Crossing the border illegally is considered a misdemeanour. As a result, many immigrants have had to rely on donations to nonprofit groups to cover their legal fees.

Right to education

The United States Constitution and Bill of Rights apply to all "persons" and "people", not just "citizens". This means that lawful permanent residents, or "green card" holders, have certain rights and responsibilities.

In terms of the right to education, there is no explicit "right to education" in the Constitution. However, in the case of Plyler v. Doe, the Supreme Court ruled that if citizen children have access to free public education, so should undocumented immigrant children. This is because the 14th Amendment states that the government cannot "deny to any person within its jurisdiction the equal protection of the laws". This means that undocumented children cannot be prohibited from enrolling in a public school.

Additionally, the Flores settlement requires that facilities where children are kept must meet minimum requirements for providing healthcare, education, recreation, and other childcare services.

While lawful permanent residents do not have the right to vote, they are expected to support the democratic form of government. They are also required to obey all laws of the United States and localities, file income tax returns, and register with the Selective Service if they are male between the ages of 18 and 25.

Right to equal protection under the law

Lawful permanent residents, or "green card" holders, have the right to be protected by all laws of the United States, their state of residence, and local jurisdictions. This includes the right to equal protection under the law, which means that they cannot be denied the equal protection of the laws by any state. This right is established by the Fourteenth Amendment, which states that "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."

The right to equal protection under the law means that lawful permanent residents cannot be discriminated against based on ethnicity, race, and national origin. They are also granted rights to education, employment, health care, and housing. These rights are protected by the Civil Rights Act of 1964, which prohibits discrimination in public accommodations, employment, and housing.

In addition to the right to equal protection under the law, lawful permanent residents have the right to live and work permanently in the United States, as long as they obey all laws and do not commit any actions that would make them removable under immigration law. They are also able to apply to become U.S. citizens once they meet the eligibility requirements and can petition their family members and unmarried children to live in the U.S.

It is important to note that lawful permanent residents do not have the right to vote in federal, state, or local elections. However, they may be able to vote in local elections where U.S. citizenship is not a requirement, as some jurisdictions allow noncitizens to vote in local elections.

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