The United States of America: “the land of the free.”
While these iconic words from the national anthem are beautiful, are they true? And if they are, what freedoms do American immigrants (both citizens and noncitizens) get to enjoy?
In today’s article, we aim to answer those questions by providing a comprehensive framework for immigrant rights according to the U.S. Constitution.
After reviewing the essential freedoms every immigrant should be aware of—including the rights of undocumented workers—we will provide a list of legal resources to help you defend your liberty and peace of mind.
Historical Context
America is a nation of immigrants—and it always has been.
The proof is in the population, which skyrocketed from 2.5 million people in 1776—the year America was born—to over 342 million people today.
In fact, scholars estimate that well over 100 million immigrants have come to America since its founding.
Despite the vitriol surrounding modern U.S. immigration policy, America remains one of the most immigrant-friendly countries in the world, just as the Founding Fathers envisioned.
George Washington, the first president of the United States, said it himself: “I had always hoped that this land might become a safe and agreeable asylum to the virtuous and persecuted part of mankind, to whatever nation they might belong.”
Washington’s dream became a reality.
In the early days of the country, immigration policy was quite permissive—until the Supreme Court declared it a federal responsibility in 1875.
As immigration surged, regulations took root.
Following the Chinese Exclusion Act of 1882 (and the Alien Contract Labor Laws of 1885), three-letter enforcement authorities were officially created.
In 1891, the newly-minted Federal Immigration Service (FIS) assumed full responsibility for “admitting, rejecting, and processing” immigrants seeking to enter the United States. The following year, the agency’s foremost immigration station was established on Ellis Island.
Admission to the U.S.A. came with a cost.
While facing legal inspection and medical exams, immigrants were also required to renounce their allegiance to a foreign government before being naturalized in America.
If immigrants declared unfailing loyalty to the United States (and sustained a waiting period of several years), they would then be named American citizens.
Many elements of this legislation remain in effect today, as immigrants on the path to citizenship are expected to take the Oath of Allegiance, “[abjuring] all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty.”
Fortunately, immigrants are not expected to give up citizenship in their country of origin.
Immigrant Rights: Challenges in the Current Landscape
Now, in the 21st century, roughly a million immigrants arrive in the U.S. each year.
Some seek economic opportunity, some to reunite with family, some for higher education, and others to find a safe harbor from oppression.
While the number of new arrivals is increasing, so is the number of challenges.
Indeed, modern immigrants must brave language barriers, limited employment opportunities, and even fears of deportation.
In 2023, the U.S. Immigration and Customs Enforcement (ICE) deported over 142,000 people.
Though this number may be shocking, it has actually decreased from 2013, when over 438,000 unauthorized immigrants were forcibly returned to their home countries.
The legal grounds for deportation have created a firestorm of controversy.
Over the last decade, debates raged over the Deferred Action for Childhood Arrivals (DACA), the legislation designed to protect immigrant youth from deportation (while also providing temporary work permits).
Though DACA faced intense legal scrutiny (and even a high-profile Supreme Court case), it’s important to note that it can still be accessed today by eligible individuals.
Miles southwest of Capitol Hill, the U.S.-Mexico border has become a lightning rod for political tension. According to recent reports, up to 10,000 migrants attempt to enter the U.S. every day through states like Texas and Arizona.
Due to this influx, several southern states have brazenly transported hundreds of thousands of migrants to sanctuary cities, including Washington D.C., Chicago, and New York.
While these urban areas tout their benevolence for asylum seekers, they have recently begun to reject the “onslaught of migrants and asylum seekers.” In the strikingly biblical words of New York City Mayor Eric Adams, “there’s no more room at the inn.”
As a result, some of these sanctuary cities offer a less favorable refuge than advertised.
In total, there are well over 10.5 million undocumented immigrants in the United States. While their future appears uncertain, their rights remain indisputable.
Knowledge is power, and it’s essential for all immigrants to understand their rights.
To that end, here is a brief overview of the rights available to citizens, lawful permanent residents (LPRs), and immigrants of all statuses currently living in America.
5 Key Rights for Immigrants
It’s time to dispel the pernicious myth that immigrants do not share the same rights as U.S. citizens.
This is patently false and a source of tremendous angst for new arrivals in America, regardless of their immigration status.
Indeed, all immigrants—whether documented or undocumented—receive constitutional rights in America.
What are immigrant rights?
The 14th Amendment to the U.S. Constitution sums it up best, declaring that no state shall “deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
As you might expect, this statement deserves further analysis.
More specifically, there are two phrases worth dissecting: due process of law and equal protection of the laws.
1. The Right to Due Process
This is the bedrock of individual rights in America.
Under the 5th Amendment (added to the Constitution in 1791), all individuals were given protection from federal government overreach.
This legal defense was called “due process of law,” and it stated that a person’s basic rights—their life, liberty, or property—could not be deprived without following the doctrine of “fundamental fairness.” In 1868, the 14th Amendment extended this obligation to each state.
But what does due process offer, exactly?
It ensures that anyone who faces a legal or criminal dispute must receive advance notice of the intended action and the grounds for the trial. More importantly, they are given the right to an attorney, the right to be tried before an unbiased tribunal, and the right to call (and to cross-examine) witnesses.
In other words, due process safeguards people against kangaroo courts, unjust legal procedures, and government tyranny.
This is especially important for undocumented immigrants to understand, as they expressly receive the right to due process even if they entered the country illegally. Therefore, anyone at risk of deportation has a protected right to have their case heard before a judge.
2. The Right to Equal Protection of the Laws
The doctrine of “fundamental fairness” also prohibits discrimination of any kind.
In legal terms, this rule is known as “equal protection,” and it compels governing bodies to treat people identically as others in comparable circumstances.
While the 14th Amendment offers a constitutional overture for equitable treatment, the Immigration and Nationality Act (INA) of 1952 and the Civil Rights Act of 1964 solidified its claims.
According to the INA legislation, employers may not discriminate against a candidate’s national origin or status as a refugee, asylee, lawful permanent resident, or temporary resident.
Similarly, Title VII of the Civil Rights Act prohibits discrimination in hiring based on race, skin color, or national origin.
In other words, the U.S. Constitution (and subsequent legislation) ensures immigrants are treated fairly by governing bodies, legal entities, and potential employers.
3. The Right Against Unreasonable Search and Seizure
The Fourth Amendment defends the privacy and safety of immigrants.
As stated in the Bill of Rights, all people have the right “to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.”
What qualifies as unlawful search and seizure? In short, any attempt by law enforcement officers to search your person or property without probable cause or prior consent.
For example, a police officer cannot legally enter your home without a warrant or your express permission.
Undocumented immigrants are not legally required to open their door to law enforcement officers (LEOs) unless they produce a search or arrest warrant signed by a judge.
In the absence of this documentation, undocumented immigrants may politely decline consent to LEOs and exercise their right to remain silent (as stated in the Fifth Amendment). This essential freedom absolves immigrants of the requirement to discuss their citizenship status with immigration agents and police, therefore protecting them from self-incrimination.
However, in the event undocumented immigrants are arrested by police, they have the right to a government-appointed lawyer and can request one immediately.
If they are arrested by Immigration and Customs Enforcement (ICE) or Border Patrol, undocumented immigrants have the right to a lawyer, though not at the government’s expense.
4. The Right to Work (And Payment)
In America, immigrants have the right to work and get compensated for their efforts.
As we have discussed, the Immigration and Nationality Act (INA) prohibits discrimination of any kind against workers. This includes undocumented employees.
More importantly, all U.S. workers share the same minimum wage and hourly rights—regardless of their immigration status.
5. The Right to Child Education
Per federal law, all states are required to provide children with equal access to education.
Therefore, all immigrant school-age children have the same right to an education as U.S. citizens. This includes the children of undocumented immigrants, as stated in the landmark Supreme Court case, Plyler vs. Doe (1982).
According to the majority opinion, denying undocumented children access to education “[denied] them the ability to live within the structure of our civic institutions, and foreclose any realistic possibility that they will contribute in even the smallest way to the progress of our Nation.”
This stipulation includes kindergarten through 12th grade at all public schools, where education is generally free of charge.
Legal Resources for Immigrants
If you recently immigrated to America, it’s important to know that many organizations want to support you.
In fact, many of them even offer complimentary (or low-cost) services to help you live the life you always imagined.
While we encourage you to search for non-profits and legal aid societies in your local area, the following list provides an overview of the national (and regional) organizations that may be able to help:
- Complimentary Legal Service Providers: when you click your state on the digital map, you will receive a downloadable list of pro bono lawyers, immigrant rights centers, legal service providers, and charities.
- Immigration Law Help: whether you need an adjustment of status, asylum application, DACA assistance, employment authorization, or more, this directory will connect you with over 1,000 free (or low-cost) nonprofit immigration legal organizations.
- Know Your Rights: thanks to the American Civil Liberties Union (ACLU), this comprehensive manual offers actionable strategies for undocumented immigrants confronted by police, ICE, and Border Patrol.
- National Immigration Justice Center: if you live in the Midwest and are in need of in-depth consultations or legal representation, the NIJC specializes in serving low-income immigrants, refugees, and asylum seekers.
- Immigration Advocates Network: click your state, and you’ll see a comprehensive directory that will help connect you with immigrant legal experts across the region.
- International Institute of New England: if you’re an immigrant or refugee living in the East Coast, this humanitarian organization will help you get settled in America, learn English-language skills, and even establish a pathway to citizenship.
Once again, this is merely a brief glimpse of the many organizations dedicated to helping you make America feel like home—no matter your immigration status.
When you have time, consider taking a few minutes to search for similar programs and providers near your local community.
uLink: Your Global Payment Passport
What are immigrant rights?
In most cases, they’re the exact same as the rights of U.S. citizens.
After all, immigrants have the right to due process of law, the right to equal protection (no discrimination), the right against unreasonable search and seizure, the right to work, and even the right to education.
Of course, immigrant rights are downstream from the First Amendment, which codifies freedom of speech, freedom of assembly, freedom of the press, and freedom of religion.
While an immigrant’s journey can be arduous in America, the fruit is well worth the labor.
At uLink, we created a global payment passport to connect you with your loved ones worldwide.
To unlock great exchange rates (and fees starting as low as $0), simply download the uLink app. When you’re ready, you will be able to send money across the globe with just a few taps on the uLink money transfer app.
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