I am an undocumented immigrant. What constitutional rights do I have?

Regardless of a person’s immigration status, everyone is granted certain rights and protections under the U.S. Constitution. These rights include, but are not limited to: The right to due process The right to legal representation The right against unreasonable search and seizure The right to not be arrested or detained without a valid reason The right to record interactions with law enforcement Knowing your rights and protections under the Constitution is the first line of defense. To learn more about what to do during encounters with immigration enforcement agents and police, visit our Know Your Immigrants’ Rights page.

News & Commentary about Immigrants' Rights

The fundamental constitutional protections of due process and equal protection embodied in our Constitution and Bill of Rights apply to every person, regardless of immigration status.

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U.S. Immigration and Customs Enforcement (ICE) officers detain someone in front of a red truck.

Feb 9, 2021

This is Biden’s Chance to End ICE’s Abuses — For Good

A person holds up a sign that reads "No Muslim Ban" during an anti-Muslim ban rally at the Supreme Court.

Jan 22, 2021

An End to the Muslim Ban is Just the Beginning

Jan 21, 2021

An End to the Muslim Ban Is Just the Beginning

Silhouette of Farah, one of the woman in this blog, standing in front of skyscrapers

Jan 19, 2021

The Enduring Harms of Trump’s Muslim Ban

Mother and Daughter at the US Southern border

Jan 12, 2021

Biden Must Restore and Rebuild Asylum

Two Immigration and Customs Enforcement (ICE) agents take a person into custody

Jan 12, 2021

As Sheriffs Quit ICE, Joe Biden Can Lead the Way in Restoring Trust

Juan Correa Villalonga wears an orange jumpsuit the says "stop deportations" on the back in protest against the ICE agents deporting Venezuelans.

Dec 22, 2020

A Deportation Moratorium, What Comes Next for Biden?

A face recognition camera with a CBP agent in the background.

Dec 21, 2020

CBP’s Plan to Expand Face Surveillance at Airports is a Civil Liberties Disaster in the Making

Several signs with calls to end mass incarceration and advocate for the rights of immigrants lying in the grass.

Dec 15, 2020

Biden Can End the Mass Detention of Immigrants

The hand of a seated person holding a miniature U.S. flag and immigration information at a naturalization ceremony.

Dec 11, 2020

Biden Must Restore Citizenship for Black and Brown People

DEMOCRACY

JUSTICE

LIBERTY

News & Commentary about Immigrants' Rights