Today, September 17, is Constitution Day. The U.S. Constitution is an enduring document that formed the foundation of America. It designed our government by creating checks and balances and establishing fundamental rights. It’s also a living document that can be added to and amended to address new problems or situations.
While the Constitution gives rights to U.S. citizens, our understanding of rights and who has rights has been expanding and evolving as we strive to live up to the guiding principle of equality under the law. Part of this evolution included the addition of the 14 Amendment, which was ratified in 1886 to make it clear that African Americans were citizens and that rights applied to them. However, the amendment doesn’t say rights apply to citizens but instead guarantees that rights are for “any persons within its [United States’] jurisdiction.” Whether you’re here on vacation, undocumented, living with legal status, or a citizen, the Constitution and the rights enshrined in it protect you. No matter who you are, you have rights. Some of your most vital rights include:
- Due Process (right that the government must give people a chance to defend themselves in a fair hearing before infringing on their rights.)
- Legal Representation in judicial or legal proceedings
- Against Unreasonable Search and Seizure (right that protects people from searches and seizures from law enforcement without a warrant or probable cause)
- Not to be Arrested or Detained Without a Valid Reason
- Record Interactions with Law Enforcment
Currently, our country is in the midst of a battle not only for our democracy but also for our basic rights. Those in power have authoritarian aspirations and are seeking to deprive people of their rights, tearing up the Constitution along the way. In January, Border Czar Tom Horman complained that “educating” immigrants about their rights was making it harder for ICE to easily detain them. And in May, during a Senate hearing incorrectly said that habeas corpus is “a constitutional right that the president has to be able to remove people from this country and remove their right to...” This statement is utterly wrong – habeas corpus is the right that requires the government to give a public reason for detaining and imprisoning someone.
Let’s be clear – if the government has the power to deny constitutional rights to one vulnerable group, then everyone’s rights are at risk. But by trying to take away your rights, the current administration is making it clear – that right now, you have rights. The government is actively targeting immigrants (and those believed to be immigrants based on their looks, they language they speak or stereotypes). This is why we must work to protect our democracy, our country, and our rights. There are steps that we can take here to protect the rights of all Delawareans.
- Learn Your Rights. Your rights are one of the best ways that you can protect yourself and your community. Learn about your rights now and get comfortable exercising them. Request a KYR presentation from the ACLU of DE here and KYR Materials here.
- Ban Immigration Profiling. In 2025, House Bill 58 was introduced which aims to prevent Delaware law enforcement from profiling based on actual or suspected immigration status. This bill is waiting for a House floor vote. In a time where ICE and other agencies are openly profiling, Delaware must ensure that our law enforcement is abiding by this right.
- Ban ICE From Courthouses – In January, the current administration removed guidelines that prevented ICE from conducting immigration enforcement in sensitive locations, such as courthouses. Since then, we’ve seen ICE agents across the US detain people while at court. To protect our right of due process, we need to protect our courthouses. Currently House HB 150 has been introduced to limited ICE at courthouses, and we must ensure it passes in 2026.
- Become an Immigrant Activist. We must continue to show up for our immigrant friends and neighbors. Whether at rallies, in Legislative Hall, or talking to people in your community, every person who cares about rights must show up. There is a role for everyone to play, and we are actively training supporters so that they are ready to make a difference.
These are just a few ways we can protect our rights here in Delaware. While it is good to take a moment today on Constitution Day to think about our rights, we can’t ignore them the rest of the time. We must remember our rights every day. And that means showing up and speaking out for the rights of immigrants.
Their rights are under attack right now and if we let one group lose their rights, we are all next.
