Who is Entitled to Due Process in the U.S.?

Everyone.

That’s right—everyone on U.S. soil is entitled to due process protections under the Constitution.

This includes:

• Citizens

• Non-citizens

• Permanent residents

• Immigrants (documented and undocumented)

• Asylum seekers

• People accused of crimes

• People in detention

The 5th and 14th Amendments don’t limit due process to citizens. They use the word “person”—and that’s intentional. The framers knew that fairness under the law must apply to all people, or it applies to no one.

Due process is not a privilege.

It’s a protection.