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The Rights of Undocumented Immigrants in the United States

If you're living in the United States, you are entitled to enjoy the protections outlined in the Bill of Rights (composed of the first ten Amendments to the U.S. Constitution) regardless of your legal status.

In various cases, the United States Supreme Court has determined that the government has the authority to decide who can legally enter the country and under what circumstances. But, once within U.S. borders, all people - legal or illegal - are entitled to certain freedoms and protections.

In 1903, the Supreme Court ruled in Yamataya v. Fisher that, before being deported, immigrants to the United States are entitled to a deportation hearing that meets the criteria of due process of law. In most cases, that means you're entitled to:

  • A hearing of your case before an immigration judge, and a review by a federal court;
  • Legal representation by a lawyer (though the government won't cover this expense);
  • Reasonable notice of the charges against you, as well as the location and time of your hearing;
  • Reasonable opportunity to examine the government's witnesses and evidence against you;
  • Proficient interpretation for those who do not speak English; and
  • Clear and convincing evidence that the government's deportation claims are well-founded.

Make Sure Your Rights Are Protected!

The Bill of Rights grants those in the United States freedom of religion, speech, press and assembly; protection from unreasonable search and seizure; privacy; and a speedy and public trial in the event of any charges brought against them.

To learn about the specific protections available to you in your situation, and to make sure these rights are protected in a U.S. court, contact an immigration lawyer in your area.