The imminent change of government next year is expected to bring stricter immigration laws at the national level. This, combined with the inflammatory rhetoric of politicians, activists, and the media, has sparked fear among many immigrants. However, by definition, immigrants are brave individuals. This is not a time to hide; it is a time to prepare and to know your rights.
Constitutional Rights of Immigrants
Immigrants, regardless of their immigration status, have constitutional rights in multiple areas. Let’s review the most important ones:
- Protection Against Unreasonable Searches and Seizures
This means that no authority can enter your home without your permission or a specific court order.
- Guarantee of Due Process
This includes, among other things, the right to be presumed innocent, the right to be heard publicly and with appropriate safeguards, the right to be tried within a reasonable timeframe, and the right to judicial protection.
- Prohibition of Discrimination Based on Race or Ethnicity
For instance, if a Latino driver is stopped by the police solely because of suspicions related to their ethnicity or immigration status, this violates their constitutional rights.
The Right to Receive Medical Care
Everyone, including undocumented immigrants, has the right to emergency healthcare services. Hospital emergency rooms are required to assist anyone in need of their services. Community health centers must also provide care to all, regardless of whether the person has health insurance, money, or immigration documents.
Healthcare staff in North Carolina do not report to ICE. They care about your health, not your immigration status.
Workplace Protections
U.S. labor laws protect all workers, including undocumented immigrants, granting them rights such as receiving minimum wage and overtime pay.
Workers also have the right to work in a safe environment that meets occupational health standards, free from intimidation. For example, if a supervisor threatens to call immigration (ICE) to intimidate Latina workers demanding overtime pay, this not only violates labor rights but could also be considered an act of labor trafficking.
Protection Against Discrimination
Civil rights laws prohibit discrimination in employment, education, housing, and public services based on factors such as race, national origin, religion, sex, disability, or age.
A typical case of rights violations would occur if a Latino family were denied housing by a landlord who, based on racial prejudice, assumes they are undocumented. Such actions would violate both state and federal civil rights laws.
Consumer Protection
Immigrant consumers are also protected under laws against deceptive business practices. For instance, businesses are prohibited from misleading immigrants with false services, such as promising legal representation for immigration matters without being authorized to practice law.
You Have Rights
No one — not the president or any agent — is above the law. These protections aim to ensure the dignity and safety of everyone, addressing abuses in any area, whether in the workplace, civil matters, or commerce. If you experience any violation, seek legal support from specialized organizations or immigration attorneys.
By definition, immigrants are brave individuals. Leaving behind one’s homeland, and family, and venturing into the unknown is not for the faint of heart. Let’s not lose sight of why we are in this country. Take necessary precautions, but don’t let fear discourage you. Immigrants came here to stay.
Find this article in Spanish here.