Whatever his status under the immigration laws, an alien is surely a "person" in any ordinary sense of that term. Aliens, even aliens whose presence in this country is unlawful, have long been recognized as "persons" guaranteed due process of law by the Fifth and Fourteenth Amendments.
Shaughnessv v. Mezei, 345 U.S. 206, 212 (1953);
Wong Wing v. United States, 163 U.S. 228, 238 (1896);
Yick Wo v. Hopkins, 118 U.S. 356, 369 (1886). Indeed, we have clearly held that the Fifth Amendment protects aliens whose presence in this country is unlawful from invidious discrimination by the Federal Government.
Mathews v. Diaz, 426 U.S. 67, 77