Different federal circuits have ruled in different ways on these matters.
Hence why I mentioned an SC decision, United States v. Verdugo-Urquidez, above. Can’t get more settled than an SC decision - the only way that can be reversed is if the SC reverses itself later or if there’s a constitutional amendment in response to the decision.
Considering the current SCOTUS’ “interesting” interpretation of concepts like bodily integrity and immunity,
Would need to see the specific references to the rulings on this by the SC to come up with a fully informed response (and I apologize if these were actually mentioned in the article but I missed them).
I stand by my statement that constitutional rights and protections for non-citizens within the US is not a settled matter of law.
And I stand by my statement that it is settled law, albeit with the significant caveat that the current SC could undo that settled law any time the right case is brought before them.
Hence why I mentioned an SC decision, United States v. Verdugo-Urquidez, above. Can’t get more settled than an SC decision - the only way that can be reversed is if the SC reverses itself later or if there’s a constitutional amendment in response to the decision.
Would need to see the specific references to the rulings on this by the SC to come up with a fully informed response (and I apologize if these were actually mentioned in the article but I missed them).
If you’re referring to the case that was recently decided as per https://www.justsecurity.org/95636/supreme-court-presidential-immunity/ then I’d argue that a) this is unrelated to the your statement below and b) is an example where the current SC has disrupted existing settled law.
And I stand by my statement that it is settled law, albeit with the significant caveat that the current SC could undo that settled law any time the right case is brought before them.