Rights of all Immigrants

All people in the U.S. have certain rights. It does not matter if you are a U.S. citizen, a permanent resident, or undocumented. However, some of these rights have been called into question in some states. For example, Proposition 187, California’s controversial 1994 ballot referendum, would have barred undocumented immigrants and their children from receiving services such as a public education and health care. A federal court ruled that much of the measure was unconstitutional and most of its core provisions have been voided.

The basic rights of all people in the U.S. include:

Public School

Public elementary and high school education is available and required for all school-age children.

Emergency

Any hospital emergency room, critical care unit, or intensive care unit cannot deny treatment for a very serious medical problem.

Immunizations

Free vaccinations are available for diseases such as tuberculosis, tetanus, and polio.

Testing and Treatment for Symptoms of Communicable Diseases

Free or low-cost testing and some treatment is available for infectious diseases such as AIDS, syphilis, gonorrhea, measles, tuberculosis, leprosy, diphtheria, and scarlet fever.

Nutrition Programs

Poor people have the right to free school breakfasts and lunches; soup kitchens, community food banks, and other nutrition programs for adults and families.

Violence Prevention Programs

Counseling, advocacy, support groups, and training on gangs, domestic violence, child abuse, and similar crises cannot be denied because of your immigration status.

Short-term Shelter and Housing

If there is space at a battered women’s shelter or homeless shelter, you cannot be turned away because of your legal status. All immigrants can also receive housing during a natural disaster (hurricane, floods).

Most Rights Guaranteed under the Constitution and the Bill of Rights

This includes the right to practice whatever religion you want and to gather together with other people peacefully to request changes in the government. If you are arrested for a crime, you have the right to remain silent, get a free lawyer, talk to a lawyer before you answer any questions, and have a lawyer with you while you answer any questions.

All Rights in National and State Labor Law

This includes the right for workers to receive at least the minimum wage.

Reprinted with permission from Immigrant Rights: An ESOL Workbook, by Aliza Becker, Travelers and Immigrants Aid, Chicago, IL, 1997. For copies of the workbook, contact Sabrina Robinson at Heartland Alliance (312) 660-1342.