I am undocumented, what are my rights?

Undocumented immigrants in the United States have certain rights, including the right to due process, a fair trial, and freedom from discrimination. 

NOTE: You can consult a lawyer for more specific advice.

Due Process

    •  The right to be treated fairly and impartially by the government
    • The right to be informed of charges against you
    • The right to an attorney
    • The right to present evidence in your defense

Fair Trial

    • The right to a jury trial
    • The right to defend yourself if arrested or sued

Discrimination

    • The right to be free from discrimination in employment based on race, color, religion, sex, or national origin
    • The right to report workplace hazards and discrimination without fear of retaliation

Search and Seizure

    • The right to be protected against unlawful search and seizure
    • The right not to consent to a search of yourself or your belongings 

Other Rights

    • The right to organize or be part of a labor union
    • The right to file a civil lawsuit if you've been harmed
    • The right to remain silent
    • The right to be with family
    • The right to education

 

Edition 03/05/2025