Immigration Law: Know Your Rights And Protections

The United States is a country of immigrants. 

According to recent statistics collected this year, about 13.6% of the US’s population are immigrants.  While the country is open to new people, there are right and wrong ways to enter the country. 

The United States Constitution gives the federal government the right to set immigration law, which forms our country’s rules and procedures on immigration and immigrants’ rights. Immigrants, regardless of status, have many rights and protections. 

Immigrants Have Rights and Protections

Immigrants, regardless of their documentation status, have Due Process rights afforded them by the U.S. Constitution. 

These rights include:

• 4th Amendment: Right against unreasonable searches and seizures
• 5th Amendment: Miranda Warning- the right of being informed of the Miranda rights by the police officer or law enforcement personnel at the time of a criminal arrest
• 5th Amendment Rights: These include the right in a criminal prosecution to remain silent, the right to not testify against oneself
• 6th Amendment Right to Counsel: The right to have an attorney aid in the legal defense in a criminal prosecution
• 6th Amendment: Right to a jury trial in all criminal prosecutions
• 14th Amendment Equal Protection of the Laws: This includes the right to defend against deportation, and the right to file a civil lawsuit

Immigrants Have Civil Rights

Regardless of status, immigrants also have civil rights.  According to the landmark Civil Rights Act of 1964, Congress made it law that anyone living in our country, regardless of their citizenship, residency, or immigration status, has certain guaranteed civil rights.  These civil rights include protections against discrimination based on race, color, religion, sex, or national origin in employment, education, housing, and public accommodations. 

Immigrants also have rights under U.S. labor laws. 

These include:

• The right to engage in a union
• The right to a  minimum wage and overtime pay
• The right to a workplace that satisfies the laws for occupational safety and health standards 

If you are an immigrant who believes your civil rights have been violated, immediately consider reaching out to an immigration lawyer in your area for help.

Certain Rights are Reserved Only for United States Citizens

While immigrants have protected rights regardless of status, U.S. citizens have additional rights. The rights exclusive only to citizens include:

• The Right to Vote: The 14th Amendment of the U.S. Constitution states that only U.S. citizens over the age of 21 are allowed to vote. Any non-citizen who votes in a federally recognized election may be found guilty of voter fraud, which can have severe penalties, including prison and possible deportation. 
• The Right to Run for Public Office: Similarly to the right to vote, a non-citizen is not allowed to run for an elected office. The President, senators, representatives, etc. are required by the Constitution to be U.S. citizens. 
• The Right to Have Federal Jobs: Certain federal jobs are only eligible for U.S. Citizens.  

Seek Help from an Immigration Attorney if Your Rights or Protections Were Violated 

While all immigrants have Constitutional rights and protections in our country, that doesn’t mean that people or organizations always abide by them.  It is believed that many immigrants are not aware of the protections they have and that they also do not know how to ask for help when their rights are being violated. 

If you or a loved one is an immigrant who needs help with any legal or immigration issue, contact an Immigration Law Firm in Atlanta today.  Knowledge is power, and a knowledgeable and experienced immigration attorney can examine your situation and determine the next legal steps for your case.

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