2017: "Non-citizens don't share all the rights of citizens under the U.S. Constitution. They're subject to immigration law, under which the executive branch has broad authority to determine whether it wants them in the country or not. And until they've passed through immigration control, they aren't technically on U.S. soil, thanks to a "legal fiction" or counterintuitive legal understanding that carves out an exception to the normal rule, said Gordon [professor of immigration law, Fordham University].
"When youโre standing at JFK, you stand outside the borders until you are inspected and admitted,โ she said.
https://www.forbes.com/sites/danielfisher/2017/01/30/does-the-constitution-protect-non-citizens-judges-say-yes/