Rights of Undocumented Immigrants

Undocumented immigrants in the United States have certain rights that must be respected, although there is a great deal of confusion and misinformation about what these rights are. It is important to understand that, regardless of immigration status, every person has fundamental human rights that must be protected.

Right to Equal Protection Under the Law

First, every person has the right to equality under the law and to be treated fairly. This means undocumented immigrants have the right to be protected against discrimination in education and other areas of life. They also have the right to access an attorney if they are detained or face criminal charges.

Right to Personal Safety

All undocumented immigrants have the right to personal safety and to be protected against violence and torture. This includes the right not to be arbitrarily detained or removed, and the right not to be separated from their families without proper legal process.

Right to Receive Medical Care

Undocumented immigrants also have the right to receive medical care in an emergency. Although they do not have access to certain public benefits, such as Medicaid, they have the right to receive medical care in emergency situations, and to receive basic medical treatment in prisons or detention centers.

Right to Education

Undocumented immigrants have the right to an education. Children have the right to receive a free education in public schools, regardless of immigration status. It is important to know your rights as an immigrant, even if you do not yet have legal immigration status. However, as we always recommend, you should make every effort to legalize your status in this country. There are many forms of relief and paths that, with the help and advocacy of an attorney, could allow you to obtain a green card, giving you even more rights and benefits similar to those of a U.S. citizen. That is why we invite you to contact us to schedule a consultation and review your case in detail, so we can evaluate what options are available to you. Do not remain uninformed or rely solely on the opinion of a friend or family member who is NOT an immigration specialist and is not authorized to give legal advice the way an attorney can. Contact us to start resolving your case!