If you are part of the Latino community living in the United States, you may often find yourself asking: What rights do immigrants have in this country?

This is not a minor question—on the contrary, it is especially crucial for those who have recently arrived or who are still in the process of obtaining legal status.

In fact, according to the Pew Research Center, the foreign-born population in the United States reached 47.8 million in 2023, marking a historic high. 

This growing community highlights just how important it is to clearly understand what protections the law provides.

The reality is that immigrants—whether documented or undocumented—are protected under the U.S. Constitution and immigration laws. 

Yet, misinformation, fear, and lack of access to reliable guidance often prevent many people from fully exercising their rights.

That is why this guide will walk you through the top 10 immigrants’ rights in the United States, offering clear explanations, practical examples, and references to trusted sources. 

And if at any point you feel uncertain about your situation, the team at Moumita Rahman – Immigration Attorneys is here to provide experienced legal support, helping you understand and assert your rights every step of the way.

1. Do Immigrants Have the Right to Equal Protection Under U.S. Immigration Laws?

Yes. Immigrants—regardless of whether they are documented or undocumented—are entitled to equal protection under the 14th Amendment of the U.S. Constitution. 

The Equal Protection Clause states that no state shall “deny to any person within its jurisdiction the equal protection of the laws.” Importantly, the use of the word person (not citizen) extends protections to all individuals on U.S. soil, including noncitizens.

Constitutional framework

The Supreme Court has repeatedly affirmed that immigrants are covered by constitutional guarantees. In Yick Wo v. Hopkins (1886), the Court held that equal protection applies to “all persons,” regardless of nationality. 

More recently, Plyler v. Doe prevented Texas from denying undocumented children access to public education, reinforcing that immigration status does not negate constitutional rights.

Practical example

If a migrant worker in Texas is discriminated against due to nationality or immigration status, they can bring a claim under federal civil rights laws and rely on the Equal Protection Clause for protection. 

Federal courts have consistently recognized that immigrants cannot be singled out for arbitrary or discriminatory treatment in areas such as employment, housing, and access to justice.

2. Do Immigrants in the United States Have the Right to Remain Silent?

Yes. Immigrants in the United States—whether documented or undocumented—are protected by the Fifth Amendment, which guarantees the right to remain silent to avoid self-incrimination.

This constitutional safeguard applies to all persons under U.S. jurisdiction, not just citizens. Courts have consistently recognized that due process and Fifth Amendment protections extend to noncitizens, even those without lawful immigration status.

Constitutional basis

The Fifth Amendment states that no person “shall be compelled in any criminal case to be a witness against himself.” The use of the word person rather than citizen means that its protections apply universally. 

This has been reinforced by multiple rulings where courts held that immigrants questioned by police or immigration officials have the right to remain silent and request legal counsel.

Practical example

If immigration agents arrive at an immigrant’s home without a judicial warrant signed by a judge, the individual is under no legal obligation to open the door or answer questions. The safest response is to remain silent, avoid signing any documents without understanding them, and request to speak with a lawyer. 

Advocacy organizations such as the American Civil Liberties Union (ACLU) emphasize that exercising this right can prevent unlawful deportations and coercive interrogations

3. Do Immigrants Have the Right to an Attorney in Immigration Proceedings?

Yes, but with limits. Unlike in criminal cases, where the Sixth Amendment guarantees government-appointed counsel for those who cannot afford an attorney, immigration proceedings are classified as civil matters. 

This distinction means that immigrants do not have the right to a free, government-appointed lawyer in deportation or asylum cases.

Instead, immigrants must either hire their own attorney or seek pro bono assistance from nonprofit organizations, legal aid clinics, or advocacy groups.

Constitutional and legal context

While the Constitution does not mandate free counsel in immigration courts, it does guarantee the right to retain legal representation at one’s own expense under the Immigration and Nationality Act (INA, §292). 

Courts have consistently held that access to counsel is essential to ensuring due process in removal proceedings. 

The Department of Justice’s Executive Office for Immigration Review (EOIR) requires judges to inform immigrants of this right at the beginning of hearings.

Practical example

In Virginia, many Latino immigrants facing deportation turn to organizations such as the National Immigration Law Center (NILC) or the Capital Area Immigrants’ Rights (CAIR) Coalition, which provide affordable or free legal aid. 

Without these services, individuals often navigate highly complex immigration laws alone, a process the American Immigration Council has described as “akin to performing surgery without a doctor”.

4. What Are the Labor Rights of Immigrants in the United States?

Immigrants—regardless of their immigration status—are protected by core U.S. labor laws. Federal statutes and court rulings confirm that undocumented workers, like citizens and lawful residents, are entitled to fundamental workplace protections. 

These include the right to safe working conditions, fair pay, and protection against workplace discrimination.

Key Labor Protections

1. Safe working conditions (OSHA)
The Occupational Safety and Health Administration (OSHA) guarantees that all workers, including undocumented immigrants, have the right to a workplace free from recognized hazards.

Employers must provide safety equipment and training. Workers can file complaints without revealing their immigration status.

2. Minimum wage and overtime pay
Under the Fair Labor Standards Act (FLSA), immigrant workers are entitled to the federal minimum wage and overtime pay, regardless of immigration status. 

Employers who exploit undocumented workers by paying below minimum wage are violating federal law.

3. Protection Against Workplace Discrimination
The Civil Rights Act of 1964 and the Immigration and Nationality Act (INA §274B) prohibit employment discrimination based on race, color, national origin, or immigration status. 

This ensures that immigrants cannot be lawfully targeted for unfair treatment solely because of their background.

4. Right to organize
Immigrant workers, including the undocumented, have the right to form and join labor unions under the National Labor Relations Act (NLRA). This protection has been upheld in industries with high immigrant participation, such as agriculture, construction, and hospitality.

Practical example

A construction worker in Alabama who is undocumented and denied safety equipment can file a complaint with OSHA. 

The agency will investigate without requiring proof of legal status. Similarly, if immigrant farmworkers in California are paid below the minimum wage, they may seek remedies under the FLSA.

5. Can Immigrants Receive Emergency Healthcare in the United States?

Yes, but with limits. Unlike in criminal cases, where the Sixth Amendment guarantees government-appointed counsel for indigent defendants, immigration proceedings are classified as civil matters. 

This means that immigrants do not have the right to a free, government-appointed attorney in deportation, asylum, or detention hearings. 

Instead, they must either retain their own lawyer or seek pro bono assistance from nonprofit organizations, advocacy groups, or legal aid clinics.

Constitutional and legal context

The Immigration and Nationality Act (INA, §292) provides that noncitizens in removal proceedings “shall have the privilege of being represented, at no expense to the Government, by counsel of their choosing.” 

Federal courts have emphasized that legal representation is critical to ensuring due process, especially given the complexity of immigration law. 

Immigration judges, under the Executive Office for Immigration Review (EOIR), are legally required to inform individuals of their right to an attorney at the beginning of hearings.

Practical example

An undocumented construction worker in Alabama who is denied proper safety equipment can file a complaint with OSHA, triggering an investigation regardless of immigration status. 

Similarly, immigrant farmworkers in California who are underpaid can file claims under the FLSA to recover lost wages. These cases illustrate how U.S. labor law shields immigrants from exploitation and upholds basic human dignity in the workplace.

6. Do Children of Immigrants Have the Right to Education?

Yes. The landmark U.S. Supreme Court case Plyler v. Doe (1982) ruled that children cannot be denied access to free public education based on their immigration status. 

The Court held that denying undocumented children an education would impose a “lifetime hardship” and create a permanent underclass, which is inconsistent with the Equal Protection Clause of the 14th Amendment.

This precedent guarantees that all children—whether U.S.-born or undocumented—have the right to attend public schools from kindergarten through 12th grade. Importantly, schools are prohibited from asking about or requiring proof of immigration status during enrollment.

Practical example

A child of undocumented parents in Texas must be allowed to enroll in public school. School officials cannot deny access based on lack of a Social Security number, a visa, or other proof of legal residency. 

This protection ensures that immigrant families, regardless of their legal standing, can provide their children with the basic foundation of education.

7. Are Immigrants Protected Against Discrimination in the United States?

Yes. Immigrants in the United States are protected by a range of federal anti-discrimination laws, regardless of their immigration status. 

The Civil Rights Act of 1964 (Title VII) prohibits discrimination on the basis of race, color, religion, sex, or national origin in employment, education, and public accommodations. 

Scope of Protection

• Employment: Employers cannot refuse to hire, fire, or mistreat workers based on race, accent, or immigration status, provided the individual is authorized to work. The Equal Employment Opportunity Commission (EEOC) enforces these protections.
• Education: Schools and universities are prohibited from denying access or creating a hostile environment based on a student’s national origin or language background.
• Housing: Under the Fair Housing Act, immigrants are protected from discrimination in renting or purchasing housing based on race, color, religion, sex, familial status, or national origin.
  

Practical example

If a Latino worker in New York is denied a job solely because they speak Spanish, this could be a violation of Title VII of the Civil Rights Act.

Similarly, if a landlord refuses to rent an apartment to an immigrant family due to their national origin, this may constitute unlawful housing discrimination under the Fair Housing Act.

8. Can Immigrants Report Crimes Without Fear of Deportation?

Yes. Immigrants in the United States—regardless of their legal status—can and should report crimes to local police. 

Law enforcement agencies and federal policies emphasize that victims of crime must feel safe coming forward without fear of deportation. In fact, several legal mechanisms exist to protect immigrant victims who assist authorities.

The U Visa and other protections

One of the most important protections is the U Visa, created under the Victims of Trafficking and Violence Protection Act of 2000. This visa is available to undocumented immigrants who:

• Are victims of qualifying crimes (such as domestic violence, sexual assault, human trafficking, or kidnapping).
• Have suffered substantial physical or mental abuse.
• Are willing to cooperate with law enforcement or prosecutors (USCIS, 2023).

The U Visa allows recipients to work legally, protects them from deportation, and provides a path to lawful permanent residency after three years (Menjívar & Abrego, 2012).

Another form of protection is the T Visa, which offers relief to victims of human trafficking. In addition, the Violence Against Women Act (VAWA) allows abused spouses and children of U.S. citizens or permanent residents to self-petition for legal status (Orloff et al., 2019).

Practical example

A woman experiencing domestic violence can call the police, cooperate in the investigation, and later apply for a U Visa. This not only shields her from deportation but also grants her employment authorization and a path toward a green card.

9. Do Immigrants Have Religious Freedom in the United States?

Yes. The First Amendment to the U.S. Constitution guarantees freedom of religion for all people within U.S. territory, including immigrants regardless of immigration status. 

This means immigrants have the right to practice their faith freely, change religions, or choose not to practice any religion at all. Federal and state governments are prohibited from favoring one religion over another or interfering with individuals’ religious practices.

Legal and constitutional context

• The Free Exercise Clause protects the right to worship or observe religious practices without government interference.
• The Establishment Clause prevents the government from establishing an official religion or discriminating against any faith.
• Courts have consistently ruled that these protections extend to noncitizens, as constitutional rights apply to all persons within U.S. jurisdiction, not only citizens.

Practical example

Latino immigrants may freely practice Catholicism, Evangelical Christianity, or Indigenous traditions, while Middle Eastern immigrants may attend mosques, and South Asian immigrants may worship in Hindu or Sikh temples. 

Just as importantly, immigrants also have the right to not practice any religion if they choose.

10. Do Immigrants Have the Right to Due Process in Deportation Cases?

Yes. Immigrants facing deportation or detention in the United States are entitled to due process protections under the Fifth Amendment of the U.S. Constitution. Courts have consistently affirmed that “persons,” not just citizens, are covered by due process guarantees. 

This means that immigration authorities cannot deport someone without giving them an opportunity to be heard before an immigration judge.

Legal and constitutional context

• Fifth Amendment: Ensures that no person shall be deprived of “life, liberty, or property, without due process of law.” This applies to immigrants regardless of legal status.
• Immigration and Nationality Act (INA): Provides immigrants the right to a removal hearing, to present evidence, and to apply for relief such as asylum, withholding of removal, or cancellation of removal.
• Judicial Precedent: In Yamataya v. Fisher (1903), also known as the “Japanese Immigrant Case,” the Supreme Court confirmed that even unauthorized immigrants are entitled to due process before deportation.

Protect Your Future by Understanding Immigrants’ Rights in the United States

The immigrants’ rights in the United States are broad and meaningful. From labor protections and healthcare access to education for children and due process in court, these rights are designed to uphold dignity, equality, and fairness for all.

If you are wondering what are the rights of immigrants in your specific case, the most effective step is to consult an experienced immigration attorney who understands the complexities of U.S. immigration laws.

At Moumita Rahman – Immigration Attorneys, we dedicate ourselves to protecting Latino immigrants and guiding them through the legal system.

We believe that defending immigrants’ rights in the United States is essential to ensuring justice, dignity, and opportunity for all. Contact us now for a case evaluation.