Rights of undocumented immigrants
A couple of weeks ago in the popular series “A Minute with your Lawyer” we talked about the rights that undocumented immigrants have in the United States. The office received many calls, text messages, messages on our social networks, as well as emails, asking us what other rights undocumented immigrants have in the United States. In today's blog we will be explaining some of these rights.
Every person, whether immigrant, citizen, or resident, has certain rights that are contained in the Universal Declaration of Human Rights of the United Nations. These rights include: the right to be free and equal, the right not to suffer discrimination of any kind; right to liberty, life and security; the right not to be a slave, nor to suffer torture; the right to due process and equality before the law; rights of presumption of innocence; right of privacy; to start a family and get married; of having properties; right to freedom of thought, conscience, religion, opinion, expression, association; education rights; among others.
The Constitution of the United States of America also includes fundamental rights for all those people who are on American soil, regardless of their legal status or their status as a citizen or resident. These constitutional rights include: right to freedom of religion; freedom of expression; due process and equal protection under the law; also the right to obtain legal representation; to be with the family; education rights; to receive fair wages, among others.
The right to freedom of expression within the United States is one of the most respected. No matter your legal status, you have the right to express your opinion freely, without being repressed or punished for it. In the same way, you have the right to associate and meet for legal purposes, and you can practice whatever religion you want, even if you don't want to practice any religion.
As a person, in the United States you have the right to due process, to be treated in the same way under the law, and to be represented by an attorney. However, these three rights have their limitations. Each government, and in particular the United States government, establishes the rules it deems pertinent to protect its citizens, and to deal with immigration issues. In immigration processes, you may be subject to expedited procedures, and the government will not be required to provide you with legal representation. The above rights are exercised in criminal courts, but not in immigration courts.
As an immigrant, you have the right to receive minimum wage and overtime pay, even if you do not have an employment authorization. You and your children will also have the right to enroll in public schools and receive an education. Finally, you will be able to file lawsuits in civil and family courts, and you will have the right to receive compensation for damages.
If you are an undocumented immigrant and need help obtaining your legal status in the United States, call us today, the first consultation is free. We will evaluate your case for free and offer you the best solution. In Y. Morejon Attorney, P.A. your problem is our problem.
Any information made available by the lawyer or law firm is for educational purposes only, as well as to give you general information and general understanding of the law, NOT to provide specific advice. This does NOT create a relationship attorney-client between you and Y. Morejon Attorney, P.A. This information should NOT be use as a substitute for competent legal advice from a licensed professional attorney in your state.