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Legal Rights and Resources for Undocumented Immigrants and Their Families
Contributor: Van T. Doan
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If you are an undocumented immigrant in the United States, or have family members who are undocumented, you live with daily uncertainty. Now, more than ever, it is important for you to be aware of your legal rights and how to get help if you need it.
Yes, that’s right: even though you may be undocumented, you still have legal rights under the U.S. Constitution and other laws. Here are the most important rights you should be aware of.
The Right to Remain Silent
The Fifth Amendment to the U.S. Constitution provides every person in the United States—not just citizens or lawful permanent residents—the right to remain silent if questioned by law enforcement, including Immigrations and Customs Enforcement (ICE), Border Patrol, or the police. You cannot be forced to answer questions about where you were born, how you entered this country, or what your immigration status is. You also cannot be forced to say anything else that would be self-incriminating.
You do have to tell the officers attempting to question you that you are exercising your legal right to remain silent. And it should go without saying that you should not lie or present the officers with fake documents, which can be a crime.
The Right to Due Process
Due process means that you must be given a fair and impartial hearing before the government deprives you of your life, liberty, or property. This right is so important that it is guaranteed by both the Fifth and the Fourteenth Amendments. You must be informed of the charges against you, that you have the right to an attorney, and that you have the right to put on a defense, including presenting evidence to support your position.
This right does not apply in all cases; if you are in the country illegally, have been in the country for less than two years, and are taken into custody within 100 miles of the U.S. border, you may be subject to a process called “expedited removal,” which means if officials believe you are undocumented, you can be quickly deported without ever seeing a judge. However, if you are afraid of being persecuted if you return to your home country, you may be allowed to seek asylum.
The Right to an Attorney
Just as with a criminal case, you have the right to have an attorney in a removal (deportation) case. However, unlike in criminal cases, the government is not necessarily required to provide you with a lawyer at no expense to you. You have the right to hire a lawyer at your own expense, and the court should provide you with a list of free or low-cost legal service providers. If you have an upcoming hearing, you should request that the court give you time to find a lawyer before your court date.
You should keep a “Know Your Rights” card with you at all times to remind you of your rights and to help you communicate to officers that you plan to exercise them. The card is available online in English and Spanish, and can be printed or downloaded to your phone.
Resources for Undocumented Immigrants
There are many organizations and resources that provide guidance and assistance to undocumented immigrants and families. Some of them include:
- United We Dream, the largest immigrant youth-led organization in the United States, made of over 100,000 immigrant youth and allies and affiliate organizations in 26 states. The organization advocates for the fair treatment of all immigrant youth and families, regardless of immigration status.
- Immigrant Legal Resource Center, which offers numerous resources, including guidance on creating a family preparedness plan.
- LGBT Immigrant Rights Initiative, an organization that provides legal services to low-income immigrants who are lesbian, gay, bisexual or transgender or who are living with HIV. They can be reached at (773)672-6551
- National Immigration Law Center (NILC), a leading advocacy organization in the United States, dedicated to advancing and defending the rights and opportunities of low-income immigrants and their loved ones. NILC describes itself as working at the intersection of immigrant, economic, and racial justice, with a multi-pronged strategy to secure lasting, transformational change.
- Women’s Refugee Commission, a nonprofit aimed at advancing gender equality and tapping refugees’ existing skills to foster dignity and agency.
Of course, an experienced immigration attorney is also a valuable resource who can devote attention directly to your case, and can stand up for you in legal proceedings. It is important to be aware of notarios and others who claim to provide immigration services but who are not licensed attorneys. You may get bad advice, lose money, and end up in a worse position.
To learn more about your rights as an undocumented immigrant or to work with an experienced, trustworthy immigration attorney, contact our law office to schedule a consultation.