Theoretically, the constitution applies to all people in the united states jurisdiction, not just citizens. certain rights, like voting, are given only to citizens, but the Bill of Rights (which gives the right to a lawyer) applies to any person inside the US.
Practically, there are a few exceptions to this, eg 4th amendment rights are suspended from everyone at the border and within 100 miles of the border.
When detained at a border, a person is not considered inside the US.
>Theoretically, the constitution applies to all people in the united states jurisdiction
That is absolutely not correct. When I enter the USA on the visa waiver program, it very, very clearly says I have no rights while in the USA. No right to a lawyer, no right to appeal, no right to anything. I must sign that to be allowed in.
> That is absolutely not correct. When I enter the USA on the visa waiver program, it very, very clearly says I have no rights while in the USA. No right to a lawyer, no right to appeal, no right to anything.
No, it does not.
I've traveled to the US on the visa waiver program around 20 times or so, and your claim sounded bizarre, so I actually checked the form to see whether I could truly have misremembered it that badly.
The visa waiver - form I-94W contains no language even remotely as extreme as what you portray it as.
It does contain a waiver of rights that states that you waive any right to appeal or review a US CBP officials determination of whether or not to admit you, or to contest deportation other than on grounds of a request for asylum.
In other words, you only waive rights related to preventing them from refusing you entry and sending you back. Once you're in, you're still subject to most of the the same protections.
What eventually gave detainees the ability to file habeas corpus writs was a decision that guantanamo bay is, even as a rented US territory, still under US federal court jurisdiction.
Practically, there are a few exceptions to this, eg 4th amendment rights are suspended from everyone at the border and within 100 miles of the border.