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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Nov 18, 2015

Governors’ Threats to Exclude Syrian Refugees Are Not Only Fear Mongering — They're Unconstitutional

Nov 5, 2015

Judges Say No to Obama’s Lock-’Em-Up-With-No-Questions-Asked Immigration Detention Policy

Oct 21, 2015

President Obama and Texas Are Colluding to Detain Refugee Children in Private Prisons

Border Patrol stops school bus at a checkpoint.

Oct 15, 2015

Welcome to the Border Region Where the Border Patrol Has Implemented Its Own Southwest ‘Stop and Frisk’ Policy

Aug 31, 2015

A Federal Judge Denounced the ‘Egregious Conditions’ of Border Patrol Holding Cells: Will Anything Change?

CBP Border Patrol agent conducts a pat down of a female Mexican being placed in a holding facility.

Aug 10, 2015

President Obama Wants to Continue Imprisoning Immigrant Families

Jul 30, 2015

President Obama Needs to Stop Repeating FDR’s Worst Mistake and End Family Detention Now

Jul 27, 2015

Deported Migrants Are Stripped of Their Dignity. They Shouldn’t Also Be Stripped of Their Belongings.

Jul 27, 2015

You Should Not Have a Gun Pointed at Your Head

Jul 23, 2015

A Bill Up for a House Vote Today to Punish ‘Sanctuary Cities’ Won’t Improve Public Safety. It Will Undermine It.