Law

December 5, 2024

Understanding Your Rights

Understanding Your Rights as an Undocumented Person Living in the United States

At our immigration law firm, we understand the challenges and uncertainty that come with living in the U.S. as an undocumented person. However, it is important to know that you still have rights under U.S. law. Our mission is to provide the knowledge and legal support you need to protect yourself and your family. Here’s what you need to know about your rights and how we can help.

1. You Have the Right to Remain Silent

If you are approached by immigration officers, you are not required to answer questions about your immigration status. You have the right to remain silent and should not provide false information or documents. If asked, you may simply state, “I am exercising my right to remain silent.” Knowing and asserting this right can prevent self-incrimination and protect your legal options.

2. You Have the Right to Legal Representation

While the government is not required to provide you with an attorney, you do have the right to hire legal representation. If you are detained, it is crucial to speak with an immigration lawyer before answering any questions. Our experienced attorneys can evaluate your case, advise you on your options, and advocate for your rights.

3. You Have the Right to Refuse Entry to Your Home

Immigration officers (ICE) cannot enter your home without a signed warrant from a judge. If an officer comes to your home, you can ask them to slide the warrant under the door to verify its legitimacy. If they do not have a valid warrant, you are not required to let them in. Our firm can help you understand how to respond appropriately to immigration enforcement actions.

4. You Have the Right to Due Process

As an undocumented person, you have the right to a fair hearing before an immigration judge. You cannot be immediately deported without legal proceedings. Depending on your circumstances, you may be eligible for relief options such as asylum, cancellation of removal, or other legal protections. Our attorneys are here to assess your case and help you explore all available legal avenues.

5. Your Children Have the Right to Education

Under U.S. law, all children—regardless of immigration status—have the right to a public education. Schools cannot deny enrollment based on immigration status, nor can they require proof of citizenship. If you face any issues regarding your child’s right to education, our firm is here to assist and advocate on your behalf.

6. You Have the Right to Workplace Protections

Regardless of your immigration status, you are entitled to fair wages and safe working conditions. Employers cannot withhold wages, discriminate against you, or retaliate against you for reporting labor violations. If you are facing exploitation at work, we can help you understand your legal protections and take action if necessary.

7. What to Do If You Are Stopped by Immigration Officers

  • Stay calm and do not run.
  • Do not answer questions about your immigration status or where you were born.
  • Ask if you are free to leave. If the officer says yes, walk away slowly and calmly.
  • If you are detained, request to speak to a lawyer and do not sign any documents without legal counsel.

How Our Firm Can Help

At our firm, we are dedicated to protecting the rights of all individuals, regardless of immigration status. If you or a loved one is facing immigration challenges, we are here to provide expert legal guidance, representation, and unwavering support. We will work tirelessly to ensure you have the best possible legal defense and explore every available option for your case.

Schedule a Consultation Today

Understanding your rights is the first step in protecting yourself and your family. Contact our firm today for a confidential consultation, and let us help you navigate your immigration journey with confidence and peace of mind.