Cite as: 524 U. S. 666 (1998)
Opinion of the Court
tic proceeding, even if the witness has no valid fear of a criminal prosecution in this country. 119 F. 3d 122 (1997). We granted certiorari, 522 U. S. 1072 (1998), to resolve a conflict among the Circuits on this issue 2 and now reverse.
II
The Self-Incrimination Clause of the Fifth Amendment provides that "[n]o person . . . shall be compelled in any criminal case to be a witness against himself." U. S. Const., Amdt. 5. Resident aliens such as Balsys are considered "persons" for purposes of the Fifth Amendment and are entitled to the same protections under the Clause as citizens. See Kwong Hai Chew v. Colding, 344 U. S. 590, 596 (1953). The parties do not dispute that the Government seeks to "compel" testimony from Balsys that would make him "a witness against himself." The question is whether there is a risk that Balsys's testimony will be used in a proceeding that is a "criminal case."
Balsys agrees that the risk that his testimony might subject him to deportation is not a sufficient ground for asserting the privilege, given the civil character of a deportation proceeding. See INS v. Lopez-Mendoza, 468 U. S. 1032, 1038-1039 (1984). If, however, Balsys could demonstrate
2 See United States v. Gecas, 120 F. 3d 1419 (CA11 1997) (en banc) (holding that the privilege cannot be invoked based on fear of prosecution abroad); United States v. (Under Seal), 794 F. 2d 920 (CA4) (same), cert. denied sub nom. Araneta v. United States, 479 U. S. 924 (1986); In re Parker, 411 F. 2d 1067 (CA10 1969) (same), vacated as moot, 397 U. S. 96 (1970).
We have granted certiorari in cases raising this question twice before but did not reach its merits in either case. See Zicarelli v. New Jersey Comm'n of Investigation, 406 U. S. 472 (1972) (finding that because the petitioner did not face a "real and substantial" risk of foreign prosecution, it was unnecessary to decide whether the privilege can be asserted based on fear of foreign prosecution); Parker v. United States, 397 U. S. 96 (1970) (per curiam) (vacating and remanding with instructions to dismiss as moot).
671
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