The rights that are afforded to residents in the United States may seem to be a little bit confusing when it comes to immigrants. When legal status is granted to immigrants, rights vary based on what status the person holds. These rights are explained to the

Human Rights

In 1945, Eleanor Roosevelt presented the Universal Declaration of Human Rights and is honored by all nations within The United Nations (UN), including the United States.

All people, including undocumented or illegal immigrants, have these rights, which are protected by federal law. There are a few that warrant some explanation.

The right to seek a safe place to live and seek asylum.

Every human has the right to seek a safe place to live and seek asylum. The United States welcomes a set number of asylum recipients each year, granting some form of legal residence. This may come in the form of a temporary visa or legal citizenship. However, this is not guaranteed, and it is a crime to live and work in the United States without following the legal process. It is important that you take the proper legal steps to gain legal entry into the United States to prevent removal.

Right to a nationality and freedom from being denied the right to change their nationality.

Every human has the right to a nationality and the right to request a change to that nationality. This means that no one is a prisoner of their birth country. However, it does not mean that every nation has the obligation to accept every request for legal citizenship.

Social security.

Every human has the right to basic human needs to be met — food, shelter, and access to medical care. Denial of these rights will not be denied due to legal status in regard to citizenship. In the United States, public assistance will not be denied to any person based on their legal status.

Workers’ rights.

It is illegal for any company or business in the United States to employ an undocumented person. However, if you are employed illegally, that employer does not have the right to violate your basic human rights, constitutional rights, or worker’s rights. If you are illegally employed and your employer violates any of your rights, you are still protected under federal law and your employer will be held responsible.

Worker’s rights that are afforded to all people, regardless of immigration status include the right to be paid a fair wage, overtime pay, healthy and safe working conditions, and conditions free from abuse, exploitation, or harassment. Reporting of the violation of these rights will have no bearing on your legal case for citizenship.

It is important to seek the legal counsel of an experienced immigration attorney who can help fight for the protection of your rights, regardless of your legal status. The legal team at the law offices of Murphy and Price have more than 20 years protecting the rights of immigrants. Contact us for your consultation today.

Constitutional Rights

The Constitution and the Bill of Rights apply to all citizens of the United States. When discussing the Constitutional Rights of the United States, it is important to discriminate between what is a right and what is a privilege or a conditional right. Even if you are in the United States without legal permission, some of the constitutional rights still apply to you.

First Amendment

In the United States, all people have the right to life, liberty, and equal protection under the law. All people have freedom of speech, assembly, and petition. This means that regardless of your legal status, these basic human rights are granted to you, no matter where you are, even while being detained or deported.

Fourth Amendment

All people have freedom from unreasonable search and seizure. Here, it is important to understand that probable cause or reasonable suspicion are reasons that law enforcement can search you. However, simply being an illegal immigrant does not fall under either of these categories and law enforcement cannot search you or enter your home without a warrant.

Fifth Amendment

Under the Fifth Amendment, you have a laundry list of rights that give you protection under the law. These rights include the right to due process under the law, the right to a fair police investigation, and the right to remain silent to prevent self-incrimination. You have the right to not speak with law enforcement or Immigrations.

Sixth Amendment

Under the Bill of Rights, you have the right to a fair and speedy trial and the right to have legal representation. If you are not satisfied with the public defender or immigration counsel that is afforded at no cost, you have the right to seek counsel at your own expense. At the Law Offices of Murphy and Price, we have decades of experience defending the rights of immigrants, both as immigration lawyers and defense attorneys. Contact us for the legal defense that you deserve.

14th Amendment

The 14th Amendment is what declares that all citizens are afforded the rights under the constitution. If you are a legal US citizen, you are afforded all of the rights that a natural-born citizen is, including the right to vote. Children born on US soil will have all the rights of a natural citizen, regardless of the immigration status of their parents.

Immigration Rights

As an immigrant, there are certain rights that apply specifically to you.

Defense against removal.

While you may still face deportation, you have the right to a hearing in immigration court, a right to apply for legal status, and a right to not be returned to unsafe conditions. This does not, however, mean that you are free to work and live in the community and you may be detained until the outcome of your case is declared.

Exercise Your Rights

If any of the aforementioned rights are violated, you have the right to be defended without fear of reprisal or retaliation. There are a few things you can do to ensure that your rights are protected and you have the optimal outcome.

  • Do not let law enforcement into your home without a warrant and do not step outside of your home.
  • Remain silent — anything you say can, and will, be used against you.
  • Do NOT run.
  • Refuse to sign anything.
  • Contact the legal team at Murphy and Price, LLP for an aggressive defense.

At the Law Office of Murphy and Price, we are dedicated to defending the rights of ALL people in Colorado Springs and the surrounding area. If you are an immigrant, let us help protect your rights. Contact us for your complimentary consultation today.