Immigrants regardless of their immigration status have almost the same rights as US citizens.
As explained by the American Civil Liberties Union (ACLU), the Supreme Court of the United States rules that the rights and guarantees of the Constitution apply to all people within the country. This also includes migrants with or without documents.
In other words, immigrants in the United States, regardless of their legal or illegal immigration status, enjoy the same rights. Basic rights such as freedom of expression, freedom of the press or freedom of worship, must be respected for immigrants. In addition, being within the borders of the country they have the right to privacy and to be treated fairly.
However, in the case of undocumented immigrants, because they do not have permission to enter the United States, they are subject to deportation. In these cases, undocumented immigrants have rights that must be respected in their deportation process, for example:
- They have the right to a hearing with an immigration judge, generally with federal courts;
- they have the right to a lawyer, not paid for by the government;
- they have the right to an interpreter in case they do not speak English, among others.
