In the U.S. immigration law is very complex. It is important to understand the nuances of immigration law and how they pertain to your rights. Understanding your immigration rights can mean the difference between obtaining legal citizenship or facing deportation.
All people in the U.S., whether citizen or non-citizen, have certain rights under the U.S. Constitution and other laws. For example, you have the right to refuse consent for immigration or the police to search yourself, your car or your home. You have the right to remain silent.
Everybody in the U.S. has certain rights guaranteed under the U.S. Constitution, regardless of your immigration status. Even if you're in the United States without permission or proper immigration documents, various sections of the U.S. Constitution apply to you. Understanding your fundamental rights and how to use them will help prepare yourself and respond appropriately when you encounter a legal immigration situation.
To get a full understanding of constitutional rights for immigrants, let’s consider what rights does the U.S. Constitution apply to undocumented immigrants.
In fact, most of the provisions in the U.S. the Constitution apply based on personhood and jurisdiction in the United States. Additionally, many parts of the Constitution use the term “people” or “person” rather than “citizen”. those laws can be interpreted to apply to everyone physically on U.S. soil, whether they are a citizen or not.
Consequently, many basic constitutional rights, such as the freedom of religion and speech, the right to due process and equal protection under the law apply to citizens and noncitizens.
"A Charlotte immigration attorney knows how to navigate the immigration courts, judges and ICE (Immigration and Customs Enforcement) attorneys. Call 704-486-5303 now for a free consultation."
Basic Constitutional Rights
- Right to due process: The Fifth Amendment states that “no person … shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law.”
- The right to legal counsel: The Sixth Amendment states that “In all criminal prosecutions, the accused shall…have the assistance of counsel for his defense.”
- Right against unreasonable search and seizure: The Fourth Amendment establishes the right “against unreasonable searches and seizures.”
- Undocumented immigrants have the right to file lawsuits, such as discrimination suits, in federal court. Additionally, some state court jurisdictions give an undocumented immigrant the right to sue as well.
- Protections Against Discrimination, Undocumented immigrants are legally protected against discrimination based on race or nationality, by employers or anyone else.
- Defense Against Removal: In most cases, you have the right to a hearing in immigration court and to defend yourself against deportation or removal from the United States.
An Experienced Charlotte Immigration Lawyer Can Help You Understated Your Immigration Rights
The law surrounding the legal rights of undocumented immigrants is complicated. Additionally, the facts of each case are unique.
Call a Charlotte immigration lawyer now at 704-486-5303 for a free consultation.