What Rights and Protections Do Undocumented Immigrants Have in the U.S.?

The United States is a nation founded by immigrants, and the U.S. Constitution and federal statutes provide legal rights and protections for immigrants to this country, regardless of their immigration status. Undocumented immigrants often live in the shadows because they fear reprisals if they try to exercise their rights, or benefit from the protections available to them under federal law.

Many of our clients, even ones here on visas or who have the “green cards,” know someone who lives in fear. We want you to know what your rights are, and what protections you have, under the law.

• The right to due process. If you are charged with a crime, you have the right to fair treatment in the judicial system. That is what due process is. You also have the right to deny entry to your home to police or ICE officials unless they have a warrant.

• The right to education for all children. The equal protection clause of the Fourteenth Amendment affords all children, regardless of their immigration status, the right to public education.

• The right to fair wages. Undocumented workers have the same rights under wage and hour laws as other workers. They are protected from workplace discrimination, and they are eligible to receive workers’ compensation if they suffer a workplace injury.

Undocumented workers are required to report their income to the Internal Revenue Service (IRS) by obtaining an Individual Taxpayer Identification Number (ITIN), which can also be used to open a bank account with certain banks. The IRS is supposed to keep confidential those tax returns that are filed with ITINs although that cannot be relied upon with complete certainty.

• The right to treatment. Hospitals that receive federal funding are obligated to provide emergency medical services to all patients regardless of their immigration status.

• The right to be heard in civil court. Undocumented immigrants have the right to recover financial damages for personal injury, property damages or death that occurred as a result of the negligent or wrongful act or omission of another person.

Tennessee’s anti-immigration laws

For its part, Tennessee has enacted many anti-immigration laws including an “Anti-Sanctuary City” law in 2009. The state of Tennessee actually has about 15 anti-immigration laws on its books.

In Tennessee, undocumented persons may not get a driver’s license, and if a law enforcement officer stops an undocumented immigrant who is driving and they determine that the individual does not have a driver’s license, that person can be arrested and taken to jail.

Tennessee law gives state officials the authority to deny, revoke or suspend the business license of an employer who knowingly hires undocumented workers. Furthermore, all employers are required to verify an individual’s eligibility for employment using a program called E-Verify. Employers are also required to keep records of the results of E-Verify inquiries

Earlier this year, a bill that would grant undocumented immigrants the right to pay in-state tuition at public colleges and universities was withdrawn due to lack of support for the legislation.

According to a story on immigration in The Hill:

“The entire case of illegal aliens being covered by and protected by the Constitution has been settled law for 129 years and rests on one word: ‘person.’ It is the word ‘person’ that connects the dots of ‘due process’ and ‘equal protection’ in the 14th Amendment to the U.S Constitution and it is those five words that make the Constitution of the United States and its 14th amendment the most important political document since the Magna Carta in all world history.”

Law enforcement officials in Tennessee are required to report any person who may be in violation of federal immigration laws to I.C.E. authorities. Additionally, every person who is arrested in Tennessee is fingerprinted and processed through a federal database, which reports back any criminal history and their immigration status.

If you have questions about your rights while you are living in the United States regardless of your immigration status, or about the process for becoming a permanent resident in Tennessee, you may contact Knoxville immigration attorney Patrick Slaughter at LaFevor & Slaughter, or call 865-637-6258, to schedule a consultation to discuss your case today. We represent immigrants and their families when their rights have been infringed upon, and we can help you, too.