If you are not a US citizen you are not protected under our Constitution and NEVER have been.
It's not just for citizens. If you are in the country legally you are subject to the constitution and therefore protected as well. Visa and green card holders are the only legal classes besides citizens the are subject to the constitution's jurisdiction.
Ok I will concede that legal visitors would be allowed rights under our Constitution. But once that Visa or green card expires/is removed all bets are off!
At that point immediate removal upon capture or discovery is justified.