Numerous people assume that undocumented immigrants have no rights outside of their home country. But, the American Constitution says otherwise. Illegal immigrants do have rights, however, they frequently don’t know what those rights are. Here we will offer some information for illegal aliens about their rights under the American Constitution.
Right to Due Process and Equal Protection
The Fifth and the Fourteenth Amendment state that every person has a right to due process and equal protection. This is true for legal citizens and illegal aliens alike.
What this means is that no one can be deprived of their life, property, or freedom without going in front of a judge in a trial. As an illegal immigrant, you have a right to defend yourself in court, have an attorney, and have any other due process rights that legal citizens do.
No one can remove you from the country without a trial and the examination of all evidence in your case. Still, it is important to mention that you will have to pay for an attorney yourself.
The Right to Stay With Your Family
Usually, a court will try to not separate families. Most judges strive to uphold that, and in most cases they do. The only exceptions to this are child abuse cases. So, if an illegal immigrant has a relative who is documented or a legal citizen, no one should be able to separate them.
However, there have been many cases in which this right wasn’t granted, especially recently. This is due to the fact that family rights aren’t clearly regulated in the constitution itself, so it is often up to the judge to decide.
The Right to Plead the Fifth
Every person in America has the right to stay silent when anyone questions them, citizen or not. This is especially the case if answering could get you in trouble with the law.
So, if anyone stops you and asks you questions, you have the right to ‘plead the Fifth’ and not answer. You can also do this anytime during your trial or any other legal proceedings. Just make sure you consult with your attorney first.
The Right Against Unreasonable Search and Seizure
This right ensures that an officer cannot search you or take your belongings without an official warrant. This warrant has to be based on probable cause.
Still, this doesn’t apply to border areas, so any searches and seizures performed at, for example, an airport, would be considered legal. Some courts even allow a “100-mile extended border” as legal as well, but not all.
Although many believe that illegal immigrants have no rights, it is clear that the American Constitution says otherwise. So, it is important to keep track of and stay up to date with all information for illegal aliens. If you meet a police or an ICE officer, remember to stay calm and collected and know your rights. In most cases, this can save you and ensure that you get treated well and with the respect you deserve and are legally entitled to.