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NPZ Immigration Law Blog

Friday, March 3, 2017

In Focus: The Rights of Undocumented Immigrants By: Donald Lindover, Esq. Counsel to NPZ Law Group, P.C.

Do undocumented immigrants have legal rights?

In the aftermath of the recent immigration raids, many are asking whether or not undocumented immigrants have legal rights. The fact is that certain rights under the U.S. Constitution apply to immigrants who are not lawfully in the country. This is because they are considered "persons" under the law. Let's take a brief look at some of these rights.

Constitutional Rights

First, undocumented immigrants are entitled to the Fourteenth Amendment's guarantees of due process and equal protection of the laws. This means that these individuals have the right to a trial and to defend themselves against criminal charges. Similarly, undocumented immigrants have rights in civil matters, including the right to receive notice of a lawsuit and to defend the matter in court.

In addition, undocumented immigrants are also protected against unlawful searches and seizures by law enforcement (under the Fourth Amendment) as well as self incrimination (under the Fifth Amendment). Lastly, undocumented immigrants can also bring lawsuits in federal court and in some jurisdictions, state court.

Defense Against Deportation

While the recent immigration raids reportedly targeted criminal offenders and those who were under deportation orders, undocumented immigrants have a right to defend themselves against deportation or removal, the right to a hearing before an immigration judge, and the right to legal representation in immigration court.

Do undocumented immigrants have a right to work?

The short answer is that undocumented immigrants do not have a right to work in the United States. This is because federal law prohibits employers from hiring undocumented workers. In order to be eligible for work, it is necessary to have a green card, a work visa, a work permit or a naturalization document. Nonetheless, undocumented immigrants are often hired by employers who do not verify these documents are in place. It is important to note that using fraudulent documents, such as a Social Security card, is considered a felony and can jeopardize an individual's lawful immigration status in the future.

That being said, undocumented workers have certain employment rights, including the right to be paid.

the minimum wage rate and overtime pay, and the right to a safe workplace. In short, undocumented immigrants are protected from abuse, exploitation, and sexual harassment. Moreover, these individuals are protected from discrimination based on race or national origin by employers and others. Lastly, undocumented immigrants who are injured on the job have a right to workers' compensation in some states.

Dedicated Immigrations Attorneys

While undocumented immigrants have certain rights, many are unaware that the law protects them. At the same time, immigration laws are complicated. For this reason, the immigration and nationality attorneys at the Nachman Phulwani Zimovcak (NPZ) Law Group, P.C. are dedicated to protecting the rights of both documented as well as undocumented immigrants. Visit NPZ on the web at visaserve.com or email them at info@visaserve.com, or please feel free to call the firm at (201) 670-0006 (x107).


Archived Posts

2017
April
Boletim do Departamento de Estado dos EUA para Maio de 2017
DOS UPDATE: VISA BULLETIN FOR MAY 2017
SPIRITUAL ENLIGHTENMENT AND U.S. IMMIGRATION: Understanding the Religious Visa (R Visa).
DHS Announces Launch of new Office for Victims of Illegal Immigrant Crime
Mudança recente no credenciamento de escolas e faculdades nos EUA afeta vistos de alguns estudantes
USCIS UPDATE: Certain Students Applying for English Language Study and 24-month STEM OPT Extension Programs Affected by the ACICS Loss of Accreditation
H-1B GÖÇMEN OLMAYAN ÇALIŞMA VİZESİ GÜNCELLEMESİ: USCIS (Amerika Vatandaşlık ve Göçmenlik Ofisi), 2018 Yılı H-1B Cap Rastlantısal Seçim Sürecini Tamamladı
USCIS, Yeniden Tasarlanmış Yeşil Kartlar ve Çalışma İzin Belgelerini Yayımlıyor
GOVERNO DOS EUA LANÇA NOVAS VERSÕES DO GREEN CARD E DO DOCUMENTO DE AUTORIZAÇÃO DE TRABALHO
ATUALIZAÇÃO SOBRE O VISTO DE TRABALHO H-1B: USCIS conclui processo de seleção via loteria para o ano fiscal de 2018
Esclarecimentos sobre os procedimentos de deportação
USCIS Reminds Beneficiaries of Temporary Protected Status for Guinea, Liberia, and Sierra Leone of May 21 Termination
USCIS Will Issue Redesigned Green Cards and Employment Authorization Documents
H-1B NONIMMIGRANT WORK VISA UPDATE: USCIS Completes the H-1B Cap Random Selection Process for FY 2018
Immigration Arrests Double in Just 11 Years
THERE HAS BEEN A RECENT INCREASE IN IMMIGRATION ENFORCEMENT ACTIONS: What Defenses Are Available to Persons Facing Deportation?
Alvos das ações do ICE
o Departamento do Trabalho dos EUA, por meio da Divisão de Salário e Horas (WHD), continua promovendo auditorias e investigações relacionadas ao visto H-1B
Barreiras de três e dez anos: Como novas regras ampliam elegibilidade para pedido de perdao
O NPZ LAW GROUP CONTINUA A INCENTIVAR QUE EMPREGADORES QUE SOLICITAM OS VISTOS H-1B E L-1 ENTENDAM AS VISITAS AO LOCAL DE TRABALHO FEITAS PELO FDNS REFERENTES AOS VISTOS H-1B E L-1
H-1B NONIMMIGRANT WORK VISA UPDATE: With a Looming Cloud of Anticipated Investigations, Audits and Site Visits, USCIS Reaches FY 2017-2018 H-1B Cap.
USCIS ALERT: BATTLING FRAUD AND ABUSE IN THE H-1B VISA PROGRAM.
WHAT IF MY CASE DID NOT GET CHOSEN IN THE H-1B LOTTERY: EXPLORING WORK VISA OPTIONS BEYOND THE H-1B CAP [i] (PART VII of an VIII Part Series)
Justice Department Cautions Employers Seeking H-1B Visas Not to Discriminate Against U.S. Workers
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H-1B SEASON IS UPON US . . . WILL THIS YEAR'S ECONOMY BRING A LOTTERY? PLANNING FOR THE H-1B VISA SEASON MAY BE THE KEY TO BEING ABLE TO CONTINUE YOUR WORK AUTHORIZED STATUS IN THE U.S.
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"Know Before You Go": NPZ Law Group Helps Ease The Stress of Holiday Travel For Certain Foreign Nationals.
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Acción Ejecutiva de Responsabilidad de Inmigración fue anunciada por el presidente Obama. ¿Es usted o alguien que usted conoce un Beneficiario? (Parte I)
Acción Ejecutiva de Responsabilidad de Inmigración fue anunciada por el presidente Obama. ¿Es usted o alguien que usted conoce un Beneficiario? (Parte II)
Acción Ejecutiva de Responsabilidad de Inmigración fue anunciada por el presidente Obama. ¿Es usted o alguien que usted conoce un Beneficiario? (Parte III)
Acción Ejecutiva de Responsabilidad de Inmigración fue anunciada por el presidente Obama. ¿Es usted o alguien que usted conoce un Beneficiario? (Parte IV)
Acción Ejecutiva de Responsabilidad de Inmigración fue anunciada por el presidente Obama. ¿Es usted o alguien que usted conoce un Beneficiario? (Parte V)
Acción Ejecutiva de Responsabilidad de Inmigración fue anunciada por el presidente Obama. ¿Es usted o alguien que usted conoce un Beneficiario? (Parte VI)
EL RECIENTE ANUNCIO DEL PRESIDENTE OBAMA SOBRE LA RESPONSABILIDAD INMIGRACIÓN PRESENTA MUCHOS BENEFICIOS PARA MUCHAS COMUNIDADES DE INMIGRANTES!
Immigration Accountability Executive Action Was Announced By President Obama. Are You or Someone You Know a Beneficiary? (Part VI)
PRESIDENT OBAMA'S RECENT ANNOUNCEMENT ABOUT IMMIGRATION ACCOUNTABILITY PRESENTS MANY BENEFITS FOR MANY IMMIGRANT COMMUNITIES!
November
Immigration Accountability Executive Action Was Announced By President Obama. Are You or Someone You Know a Beneficiary? (Part IV)
Immigration Accountability Executive Action Was Announced By President Obama. Are You or Someone You Know a Beneficiary? (Part V)
Immigration Accountability Executive Action Was Announced By President Obama. Are You or Someone You Know a Beneficiary? (Part I)
Immigration Accountability Executive Action Was Announced By President Obama. Are You or Someone You Know a Beneficiary? (Part II)
Immigration Accountability Executive Action Was Announced By President Obama. Are You or Someone You Know a Beneficiary? (Part III) Changes to Provisional Waivers and "Extreme Hardship Definition.
Immigration Accountability Executive Action Was Announced By President Obama. Are You or Someone You Know a Beneficiary? (Part IV)
5 Things to know about how President Obama's Actions Impacts Undocumented Immigrants.
Programa de Refugiados y de Admisión Condicional para menores de edad de El Salvador, Guatemala y Honduras con padres legalmente presentes en los Estados Unidos.
ÚLTIMAS NOTICIAS DE INMIGRACIÓN EN LOS ESTADOS UNIDOS: Reforma Integral de Inmigración.
USCIS Expands the Definition of "Mother" and "Parent" to Include Gestational Mothers Using Assisted Reproductive Technogy (ART)
U.S. IMMIGRATION NEWS FLASH: President Obama Announces Administrative Relief for Immigrants in the U.S.
In-Country Refugee/Parole Program for Minors in El Salvador, Guatemala, and Honduras With Parents Lawfully Present in the United States
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National in scope, the business immigration law firm of NPZ Law Group represents clients from throughout the United States and around world. Regionally, our attorneys remain committed to serving the immigration needs of businesses in the Tri-state area and the Hudson Valley, including residents of Ridgewood, Newark, and Jersey City, Burlington County, Bergen County, Camden County, Cumberland County, Essex County, Hudson County, Mercer County, Middlesex County, Monmouth County, Morris County, Passaic County, Salem County, Union County, northern New Jersey, southern New Jersey, central New Jersey, NJ; New York City, Rockland County, Orange County, Westchester County, Kings County, Sullivan County, Ulster County, New York, NY; Chicago, Illinois, IL; and Toronto and Montreal, Canada. Our nationwide practice focused on quality legal representation and personal service.



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