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According to these laws, non-citizens have certain rights, many which are the same for American citizens. Foreign nationals are to be advised that they may contact their home countries consulate aÑ–er they’re arrested. Нe “receiving state” must let defendant receive counsel of “sending state” by communication or allow a visit. Нe U.S. allows these non-citizens these rights as they want their own consular access available to their citizens if the “sending state” wishes for access in return. Нese procedural laws apply to people who are not legal U.S. citizens and these laws are enforced giving the non-citizen a right to the same procedural rights as a U.S. citizen. Нis includes a right to counsel, right to a jury trial, and our 5th Amendment protection right against self-incrimination. Non-citizens are also protected against any cruel and unusual punishments and their speech cannot be censored. Our Supreme Court has also held that the states cannot discriminate a defendant based on what nationality they are, regardless of whether they are a legal citizen or not.

 

Last Updated on: Jul 03, 2024

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