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akuma587 said:
The fact is that the Founding Fathers didn't distinguish between citizens and non-citizens in the relevant rights in the Bill of Rights. I don't see any words in there that say you have to be a citizen of the United States to qualify.

Eighth Amendment

"Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."

Fifth Amendment

"No person shall be held to answer for a capital, or otherwise infamous crime, unless on presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."

I would say we are at war and are in a time of public danger.