5 Rights Undocumented Immigrants Have
What is an undocumented immigrant? It is someone who is in the U.S. illegally. But by nature, every person in the U.S. has rights. And you always have the chance to earn immigration rights even if you’ve been here illegally. It’s a common problem many have, thinking they cannot do anything legally because they lack documents. In fact, if you are an undocumented immigrant, you have many rights. This guide gives you five.
Right to a Lawyer
You always have the right to a lawyer. Say you are arrested on a charge of drinking and driving. You may wonder what your rights are. You may be scared. The officers may try questioning you without a lawyer. You should say nothing until you have a lawyer. You have the right to remain silent, as should be noted in the arrest, and you have the right to legal representation.
Right to Fair Trial
Simply because you are undocumented does not mean you have no due process. You have a right to a lawyer and a trial. You have a right to question the charges made against you. You have a right to appeal in court. If the trial goes against you, you can take the case to appeals court, which has been done by undocumented immigrants.
Right to Know Charges
You always have the right to know any charges made against you. If the arresting officers are not clear about this, just ask. They are legally bound to tell you why you are being held. Sometimes it’s obvious: you were drinking and driving. But other times, especially if you’re innocent, you may be unaware of what really happened. If a charge is made against you, you get to know the charges, get a lawyer, and get a trial.
Right to Education
Simply because you are an undocumented immigrants does not mean you cannot get an education, nor will your children have this problem. All residents of the U.S. have a right to go to public schools, sometimes even colleges and universities, even without a green card.
Right to a Search Warrant
If an officer wants to search you or your home, he or she needs a search warrant. You cannot be searched simply for looking like an immigrant, because you are of a certain nationality. If this were allowed, officers would have reason to search anything and everything they want. If an officer gets a search warrant, that is due process, and he can search you or your property. Otherwise, you need not allow it.
The subject of illegal immigrants is a controversial topic. Some may wonder what right an immigrant has to be protected by our laws. They keep our society strong and fair. The best thing you can do is get your proper documentation by hiring an immigration lawyer. But if you are ever charged with a crime and are undocumented, it’s time to consult with an experienced lawyer.