What Rights Do Undocumented Individuals Have on U.S. Soil?

In addition to their God-given human dignity, undocumented individuals in the United States hold some of the same rights guaranteed to U.S. citizens by the Constitution, because the Constitution extends these rights to all individuals living within the nation’s borders.

“All of the things that we’re helping people do or get, they have every right to be seeking.”

Right to Due Process

Every person living in the United States has a right to legal procedures in civil, criminal, agency, and administrative matters. Every person—regardless of status—can file a lawsuit or defend themselves.

Right to Legal Counsel

All individuals living in the United States and accused of a crime, regardless of status, have a right to an attorney, either by hiring one or having one appointed by the court. Undocumented individuals facing deportation are not granted this right because immigration proceedings are not criminal proceedings.

Right Against Unreasonable Search and Seizure

All individuals, whether they’re undocumented or not, are protected against unreasonable searches and seizures. Law enforcement officers can only search a person or property with constitutionally permissible reasons or consent to do so.

Right to Free Public Education

The U.S. Supreme Court ruled in Plyler v. Doe that states cannot deny access to free public education for children because of their immigration status.

Birthright Citizenship

The Fourteenth Amendment to the Constitution states that “all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.” This has long been understood that children of undocumented individuals born in the U.S. are American citizens.

The U.S. bishops oppose repeal of birthright citizenship because it would render innocent children stateless and create a permanent underclass in U.S. society, which would undermine the human dignity of innocent children who would be punished for doing nothing wrong.