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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A close shot of a police officer putting handcuffs on someone.

Jun 23, 2022

Supreme Court Ruling Rejects the Promise of Miranda Rights

Two detainees seen waiting through a window behind closed doors.

Jun 22, 2022

Without Access to Counsel, Detained Immigrants Face Increased Risks of Prolonged Detention and Unlawful Deportation

U.S. Immigration and Customs Enforcement (ICE) officers apprehending two men.

Jun 9, 2022

How ICE Sidesteps the Law to Find and Deport People

An ACLU client looking at family photos.

Jun 7, 2022

Border Patrol is Investigating Itself Following Deaths, Report Reveals

May 19, 2022

On the Frontlines of the Fight Against Mass Deportation

May 19, 2022

The Impact of Intergenerational Immigrant Trauma

The back of a police vest reads "Police ICE"

Apr 26, 2022

ICE Program Foments Abuse, Hatred, and Fear — and Makes Us All Less Safe

A migrant leans on a fence of the Gateway International Bridge that connects downtown Matamoros, Mexico with Brownsville, Texas.

Apr 25, 2022

Trump’s Remain in Mexico Policy is at the Supreme Court. Here’s What's at Stake.

A pair of migrant families at the border wall between the United States and Mexico.

Mar 29, 2022

Title 42 Isn’t Supported By Science — The CDC Must End it Now

Imam Kariye standing in front of the row of people in prayer.

Mar 24, 2022

Customs and Border Protection is Singling Out Muslim Travelers for Invasive Religious Questioning

DEMOCRACY

JUSTICE

LIBERTY

News & Commentary about Immigrants' Rights