About Undocumented

Immigrants’ Rights in America

Recent news in the US has been focused on the rights of undocumented immigrants on its soil.
Being an immigrant living in the United States entitles you to some legal rights provided by the
law. Many basic rights enjoyed by a citizen can also apply to noncitizens. We have compiled
general information on these rights below (for detailed information, please visit the American
Civil Liberties Union or ACLU).

· The right to due process. The Fourteenth Amendment declares that “No state shall . . . deprive
any person of life, liberty or property, without due process of law; nor deny any person within
its jurisdiction the equal protection of the laws.”

· The right to legal counsel. According to the Sixth Amendment, the accused is entitled to “have
the assistance of counsel for his defense.” The right to legal counsel, however, only applies to
those with criminal charges, which means that it does not apply to civil cases. Also, Felony is the
only charge wherein the government is obligated to provide legal counsel.

· The right to attend U.S. public schools (for undocumented children). Undocumented children
have the right to a free K-12 education (see Plyler v. Doe case, 1982) as children of citizens do.

· The right to vote. Undocumented immigrants cannot vote in state and national elections, but
in some states, the local government can decide whether undocumented immigrants can
exercise their right to vote in local elections.

· The right against unreasonable searches and seizures. This right is specified in The Fourth
Amendment; however, searches at the border are legally considered reasonable.

Most undocumented immigrants flee to the US to seek asylum, and the law considers it a
misdemeanor to cross the border without proper documentation. Recently, there has been an
immense outrage regarding immigrant family separations. Although an executive order has
been signed to end the family separation policy, many families still have not been reunited.
According to an article on the ACLU website, there “exists no law that requires the Trump
administration to separate families”. The ACLU calls the act “unconstitutional”, and California
federal judge Dana M. Sabraw has ruled a lawsuit that challenged the family separation policy
for immigrants to move forward, stating that the Fifth Amendment gives immigrant families a
right to “familial integrity”.

If you need assistance or information regarding undocumented immigrants’ rights, kindly

contact an immigration lawyer or the ACLU.

Family Law Attorney in Fort Myers, Florida

If you ever need expert advice regarding family law matters, Eve McClurg is an experienced
family law lawyer in Charlotte, Collier, and Lee Counties, Florida. Eve has over ten years of
experience and has extensive knowledge in handling complex issues. The Law Firm of Eve
McClurg is dedicated to providing comprehensive legal services to clients in Southwest Florida.
Contact us for a free initial consultation at 239–449–9943.