Immigration rights

  • Everyone has basic human rights, regardless of immigration status (Everyone in the United States has certain constitutional protections and basic human rights regardless of immigration status) - UDHR Articles 1, 2, and 3 + 14th amendment

  • The right to seek asylum if fleeing persecution (if eligible under U.S law) - UDHR Article 14 + INA 208 + 8 U.S.C 1158

  • Access to emergency medical care - EMTALA

  • People with limited English proficiency may have the right to language assistance in many federally funded healthcare programs and government services. - Title VI of the Civil Rights Act of 1964, Executive Order 13166 - Section 1557 of the ACA

  • Children’s rights to education - Plyler v. Doe (1982, states cannot deny public k-12 education based on immigration status)

  • If you are charged with a crime, you have the right to an attorney. In immigration court, you have the right to hire an attorney, but the government generally does not provide one if you cannot afford one - 6th Amendment US constitution + Immigration and Nationality act 8 U.S.C 1362

  • Protection against unreasonable searches - 4th Amendment US constitution

  • Due Process (Everyone in the United States, including non-citizens, is entitled to due process before the government deprives them of life, liberty, or property.) - 5th Amendment + 14th Amendment

  • The right to remain silent (You have the right to remain silent and generally do not have to answer questions about where you were born or how you entered the United States) - 5th Amendment