In the U.S., constitutional rights apply differently depending on where you are and your status. If you're at the bordersay, trying to enter at a checkpoint or airportyour rights are pretty limited. Border guards can search, question, and even detain you without the same level of protections you'd have inside the country. The Fourth Amendment (protection against unreasonable searches) and Fifth Amendment (right to remain silent, due process) dont fully kick in until youre admitted into the U.S. This is because the Supreme Court has consistently held that the border is a special zone where the government has broad authority to protect national sovereigntythink cases like United States v. Ramsey (1977).
Once youre physically inside the U.S., even if you entered illegally, some constitutional rights start to apply. For example, the Supreme Court ruled in Yick Wo v. Hopkins (1886) and Wong Wing v. United States (1896) that non-citizens on U.S. soil get basic due process and equal protection under the Fifth and Fourteenth Amendments. If youre detained or arrested inside the country, youd have rights like access to a lawyer or a hearing, regardless of immigration status. But theres a catch: immigration proceedings are civil, not criminal, so you dont get the full suite of criminal protections like a jury trial.
For citizens, full constitutional rights apply the moment youre on U.S. soil, though the border zone (within 100 miles of any border) still gives agents extra leeway for stops and searches. Its a sliding scalelocation, status, and context all matter.