Please. How on earth do non-citizens get "constitutional rights?"
I hate to be a downer, but many of our founders who crafted the
Bill of Rights believed that the rights specified in the amendments to the Constitution were endowed to humankind by their Creator, not human governments.
They believed that all people deserved to be treated in this manner and that the Bill of Rights only enumerated those basic human rights so that the newly created federal government would not trample on them.
There was also a concern that a listing of these universally-held human rights would cause the federal government to assume that rights not specified in the first eight Amendments did not exist, so the Ninth and Tenth Amendments were added in an attempt to prevent federal encroachment upon additional human rights that may not have been listed.
Therefore, it could be argued that the original intent of the Bill of Rights (which is what is usually what someone means when they claim constitutional rights) applies to all humankind, not just citizens. It has to do with the nature of our government, not the citizenship or legal status of those under it's jurisdiction/authority.
Now this has obviously been denied in our history, most notably to African-Americans held in slavery, but
they were not counted 'human' in the same way others were counted human.
