These are the constitutional rights everyone should know about:
The U.S. Constitution states that every American has certain basic rights regardless of who is in charge at the White House. Those without papers are also entitled to these rights. We all have to fight for and protect our basic rights.
Particularly via its first ten amendments, known as the Bill of Rights, the United States Constitution sets basic safeguards for people against government encroachment. These rights are not only essential for citizens but also apply to everyone in the United States, including those without immigration status.
Knowing these rights helps people to protect their liberties and negotiate relationships with authorities boldly.
Freedom of speech and religion
One of the first constitutional rights everyone should know about is that every person in the United States has the right to peacefully assemble, practice their religion, and voice their opinions. Fundamental to a democratic society, these rights apply to all people, regardless of immigration status.
This implies that immigrants—including those without papers—have the right to participate in a protest, speak out against injustice, and worship freely without concern of legal retribution. As long as they are not violating other laws, such as trespassing or inciting violence, they are allowed to proceed.
Keep a know-your-rights card on hand
Should an immigration officer stop you on the street and ask who you are, you should always have a know-your-rights card on hand if you are an immigrant in the United States. The card states you want to see a lawyer and that you will stay silent. Cards like these are usually available on the website of the National Immigration Law Center.
For instance, if you hold a valid work permit or green card, make sure you have it with you should you need to present it for identification. It is advisable to refrain from bringing documents from other countries, such as a foreign passport, as they may potentially be used in the context of deportation proceedings.
Protection against unreasonable searches and seizures
The Fourth Amendment protects people from unjustified government searches and seizures. This guarantees the privacy of all people inside the United States since law enforcement usually needs a warrant or reasonable cause to search.
A judge’s signed warrant is required for ICE to enter your home. Your door should remain closed until an ICE agent presents you with a warrant. They nearly never have one. Should an ICE officer wish to display a warrant, they may slide it under the door or hold it against a window. The warrant has to have your real name and address on it to be valid.
Talking with an ICE agent does not require you to open the door. Opening the door makes it far more difficult to decline to respond to questions.
You can request that they show it through a window or slide it beneath the door. Remember: talking through a closed door or declining to open it is your right; don’t open the door unless it’s legally required.
The right to remain silent
The right to silence is yours, and you may refuse to speak with immigration officers. Avoid responding to any questions. You may also state that you wish to remain silent. Don’t say anything about your birthplace or how you came to the United States.
You are entitled to consult with an attorney. You can just say, “I have to talk to my lawyer.” Should ICE or other law enforcement interrogate you, you could have your attorney present.
Due process and equal protection
The Fifth and Fourteenth Amendments ensure that no one shall be deprived of life, liberty, or property without due process of law and that all people are entitled to equal protection under the law. These clauses have been read to cover everyone in the United States, including those without documentation.
The right to legal counsel in criminal proceedings
People are entitled to legal representation in criminal cases. They will be given an attorney if they are unable to pay for one. This right, which applies to everyone facing criminal charges in the United States, guarantees fair trials.
Before you sign anything, talk to a lawyer
ICE might attempt to persuade you to waive your right to consult with a judge or attorney. Before signing a document, make sure you truly understand what it says.
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Although many constitutional rights are shared, some rights and privileges are unique to American citizens. Below you’ll find them:
Voting rights
Federal elections are open only to U.S. citizens. Voting in these elections is forbidden for non-citizens, including legal permanent residents and undocumented immigrants.
Eligibility for public benefits
It is generally the case that American citizens and certain categories of lawful immigrants are the only individuals who are eligible to receive public benefits such as Social Security, Medicare, and specific welfare programs. The majority of the time, undocumented immigrants are not qualified to receive these benefits.
Immigration proceedings
Proceedings in immigration court are civil, not criminal. Consequently, people lack the same rights as in criminal courts, such as the right to a government-appointed lawyer. They do, however, have the right to engage legal counsel at their own cost.
Bottom line:
Let’s consider this hypothetical situation: Local police stopped an undocumented worker on the street. The officer starts asking about the person’s origins and whether they have papers.
What can you do in a situation like this one? You have no duty to respond to questions regarding the country of origin or your immigration status. You have the right to remain silent and request to see a lawyer. A search cannot be conducted by the officer without consent or probable cause if he lacks a warrant.
These safeguards also cover dealings with CBP or ICE agents. The best approach to protect yourself is to stay informed, respectful, quiet, and calm.
The U.S. Constitution offers a system of rights and safeguards applying to every person inside the nation’s borders. Although there are differences depending on citizenship status, especially about political rights and access to particular public benefits, the basic rights to due process, equal protection, and freedom of expression are preserved for all.
All residents must understand their rights, as this allows them to navigate legal systems and advocate for themselves effectively. Furthermore, immigrants can also seek legal help and guidance in case they don’t know what to do. The National Immigration Project of the National Lawyers Guild is one of the best places to do that.
We hope this article has cleared up all the things regarding the constitutional rights everyone should know about, and these initiatives not only helped those in need but also significantly enhanced our awareness of the situation.
How do you feel regarding these uncertain times? What is your opinion as an American citizen or as an immigrant about what’s happening right now? If you want to share with us your opinion, you’re free to do it in the comments below.
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