New York and other cities are continuing to face large influxes of migrant arrivals. Cities are enforcing bus transportation to other sanctuary cities, temporary housing, shelters, and other tactics to properly address the population surplus. Still, there have been many challenges and poor actions taken.
Migrants arriving in the United States have some protections available to them regardless of how they arrived. Understanding the resources and rights extended to them can allow for a smoother transition into the country, and help them move forward on the path of obtaining legal status.
Migrant Rights
It is always advisable to discuss concerns directly with a trusted immigration lawyer. It is best to retain an attorney specializing in immigration law who can help handle urgent and time-sensitive matters.
Understanding migrant rights under federal law can allow you to act appropriately in various situations. It can also allow you to advocate for yourself by legally challenging violations of these rights.
Constitutional
Based on the verbiage of the Constitution, a vast majority of rights are extended to individuals regardless of their legal status. This is because our Constitution applies to someone’s personhood as opposed to being restricted to U.S. citizens.
Some of these basic rights include freedom of speech, freedom of religion, the right to privacy, and more. Immigrants may be most concerned by the rights to due process and legal counsel, and against unreasonable searches and seizures. Unfortunately, vulnerabilities may be taken advantage of and lead to forced arrests or confessions.
Migrants do have the right to legal counsel, but since deportation and detainment are not criminal offenses, government-appointed representatives are not provided. This means migrants are responsible for retaining and paying their own representatives.
Along those lines, the right of due process is extended to migrants. This should give them the right to a fair and impartial procedure before their rights are taken. Expedited removal complicates this process as it grants the U.S. Customs and Border Protection (CBP) the ability to rapidly deport undocumented citizens or immigrants who have committed misrepresentation or fraud.
Migrants are also protected under the 4th amendment, though under the “border search exception,” government officials are authorized to conduct warrantless searches within a 100-mile radius of any U.S. border. This means individuals within the radius can be subject to searches of themselves or their properties.
From Law Enforcement/ICE
With many states and jurisdictions cooperating with ICE, migrants should be aware of their rights when approached by law enforcement and ICE agents.
This includes the right to remain silent and the right to refuse a search of self or property if there is no search warrant (except for cases falling under “border search exception”). You also have the right to ask to speak to your immigration attorney before providing personal information regarding your status. If you are arrested by law enforcement, you may ask for a government-appointed attorney, though this does not apply for ICE-related detainment.
Migrants do not have to disclose their status or means of how they arrived. Note, this right may be exempt at international borders and airports, and for those holding nonimmigrant visas.
Cooperation is required. Providing false information or engaging in fraudulent or erratic behaviors can have serious consequences on your legal status. If possible, contact your immigration lawyer to determine appropriate actions throughout the process.
Other Rights
A major concern for immigrants is the ability to be reunified with their families. Unfortunately, this is not recognized under the U.S. Constitution and has been subject to ongoing legal battles. Trump’s “family separation policy” was struck down, but this does not mean there are no cases where unification is denied. Migrants seeking to be with their family members should work with a California immigration lawyer on family reunification.
Education is also a major concern. Under most jurisdictions, free education is also provided to migrants if it is extended to documented or citizen children. This was reiterated recently in New York.
Food, housing, clothing, healthcare, and other necessities will vary depending on the migrant’s status, the organization, and other factors. However, there are many resources available that help provide these basic necessities.
Organizations
As mentioned above, there are many resources available to migrants, including those who are undocumented. Many nonprofits and advocates can assist in providing basic necessities and connect you to legal representatives. Some of these organizations include:
- Miry’s List– a nonprofit organization with a Calabasas office dedicated to helping migrants nationwide with resettlement, including providing them with survival needs as well as tutoring, mentoring, workshops, and other resources
- International Rescue Committee– an international organization with 28 offices across the United States that helps refugees and their families with basic needs such as farming guidance to remain self-sufficient, housing and medical attention, and resources to better adjust to the customs and lifestyles in America
- Newcomer’s Access Center– servicing Los Angeles, San Bernardino, and Riverside counties, volunteers connect local refugees with the services and resources needed for successful integration into society
- Pars Equality Center – Iranian-American, and other immigrant communities are provided with extensive social and legal services from case managers and attorneys.
Contact Our California Immigration Lawyers Today
Arriving in the United States can be overwhelming, especially with the uncertainties ahead. At Reeves Immigration Law Group, we understand your concerns and will be by your side every step of the way.
With over four decades of experience, we regularly advise individuals and their families on deportation defense, work permits and visas, family-based immigration, citizenship, and other options for immigration pathways. Our team of California immigration lawyers are well-respected for their successful track record and are committing to securing the best possible outcome for all.
To speak with a California immigration lawyer, fill out our contact form today.
