Fundamental Rights of Migrants in the U.S.

Migrating to the United States is a life-changing decision and, often, a brave act driven by difficult circumstances. Many people seek a better future, stability, and opportunities for themselves and their families. However, facing a new legal system, many are unaware of the fundamental rights of migrants in the U.S.

This lack of information can lead to vulnerability and lack of protection—something no migrant should have to experience. In this article, the Law Office of Manuel Solís explores the fundamental rights of migrants in the U.S. Know your legal protections so you understand how to exercise your rights and protect yourself from potential abuses.

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Introduction: What Are Migrants’ Fundamental Rights?
Fundamental Rights Every Migrant Has in the U.S.
Edgar, Testimony of Migrants’ Fundamental Rights
- Results of Enforcing Migrants’ Fundamental Rights
Frequently Asked Questions About Migrants’ Rights
Conclusion on Migrants’ Fundamental Rights
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Introduction: What Are Migrants’ Fundamental Rights?

Fundamental rights are essential protections guaranteed to everyone in the United States, regardless of their immigration status. These rights are established in the Constitution, as well as in federal and state laws, and ensure that every individual is treated with dignity, respect, and justice—no matter where they come from.

These include rights such as the right to life, safety, basic services, and protection from discrimination. For migrants, knowing these rights is crucial. Understanding that the U.S. legal system upholds and protects their dignity can make the difference between facing abuse and living the American dream with security and stability.

Below, we’ll review in detail the most important rights every migrant in the United States should know. This will help you defend yourself and fully exercise your freedoms, no matter how you entered the country.

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Fundamental Rights Every Migrant Has in the U.S.

Each of these rights protects different aspects of migrants’ lives—from physical safety to access to basic services—and all aim to ensure fair and equal treatment. Knowing and exercising these rights allows migrants to integrate safely into the country.

Right to Protection from Discrimination

The United States has a legal framework that prohibits discrimination based on race, religion, gender, national origin, or immigration status. This fundamental right ensures that every person, regardless of their situation, has the right to be treated with respect and dignity in all settings, including:

Employment: The Civil Rights Act of 1964 prohibits workplace discrimination. Employers may not fire, refuse to hire, or harass employees based on origin or appearance.
Education: All students, regardless of immigration status, have the right to non-discriminatory education. This includes access to extracurricular activities and support programs.
Medical care: Everyone must have access to healthcare services without being questioned or discriminated against due to origin or immigration status.
Housing: Landlords are prohibited from discriminating during the rental process. Migrants cannot be denied housing based on their immigration status.

If a migrant experiences discrimination, they have the right to file a complaint with the Equal Employment Opportunity Commission (EEOC) or the Department of Justice’s Civil Rights Division. Discrimination affects both daily life and the well-being of migrants, and legal resources exist to protect them.

Right to Emergency Medical Care

Emergency medical care is a fundamental right in the United States. Under the Emergency Medical Treatment and Labor Act (EMTALA), all hospitals that receive federal funding are required to provide emergency medical care to anyone in need, regardless of immigration status or ability to pay.

This right ensures that in the case of a medical emergency, all migrants receive timely and proper treatment. Additionally, there are other key aspects migrants should know about their right to health.

Fundamental Health Rights for Migrants

General and non-emergency care: While emergency care is guaranteed, access to other health services may depend on state laws and local resources. Many states offer programs for migrants under specific conditions.
Community clinics and nonprofit organizations: Many communities have clinics that offer low-cost or free care. These clinics provide preventive services, medical checkups, and vaccinations.
Health programs for children and pregnant women: Some states, such as California and New York, offer special programs for vulnerable migrants, ensuring access to health services for pregnant women and children regardless of immigration status.

This fundamental right allows migrants and their families to receive necessary care without fear of being reported or turned away. Knowing this can save lives and ensures fair access to healthcare services.

However, in some U.S. states, there has been an effort to register the immigration status of those seeking medical care. Florida was the first to implement such a measure last year, and on November 1, a new regulation took effect in Texas, promoted by Governor Greg Abbott, which allows hospitals and health centers to ask patients about their immigration status.

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Right to Public Education for Children

The U.S. Supreme Court, in the 1982 case Plyler v. Doe, established that all children in the United States have the right to receive free public education from kindergarten through 12th grade, regardless of immigration status.

Schools cannot inquire about a student’s or their family’s immigration status, nor deny enrollment based on that status. This right ensures that migrant children or children of migrants have access to:

Quality education: Migrant children are entitled to comprehensive education, including English classes, extracurricular programs, and additional support if needed.
Social integration: Education allows migrant children to integrate and adapt to their environment, contributing to their long-term development and success.
School support services: Schools also offer counseling and mental health services, which are vital for children who have experienced trauma or major life changes.

Education is essential for every child’s growth and development. Through school, children of migrants can integrate and adapt to U.S. society, strengthening the communities they live in and promoting the multiculturalism that has fueled the country’s growth in recent decades.

Right to Due Process

Due process is a fundamental principle of the U.S. legal system that guarantees that all individuals, regardless of immigration status, have the right to a fair trial and to defend themselves before authorities. This right ensures that migrants can present evidence, call witnesses, and have legal representation in court proceedings.

Key aspects of due process for migrants:

Protection from deportation without a hearing: Migrants have the right to a proper hearing before any deportation order. This allows them to present their case and defend themselves with the help of a lawyer.
Legal representation: Migrants have the right to an attorney in legal proceedings and may seek help from organizations offering free or low-cost legal assistance.
Right to remain silent and request an attorney: If detained by ICE (U.S. Immigration and Customs Enforcement), migrants may choose not to answer any questions without a lawyer present.

This right protects migrants from unjust legal actions and ensures that, regardless of their status, all individuals have the opportunity to present a defense and be treated fairly under the law.

Right Not to Be Unjustly Detained

The Fourth and Fifth Amendments of the U.S. Constitution protect everyone within the U.S. territory against arbitrary or unreasonable detentions. In many cases, immigration officers cannot enter a home without a judicial warrant signed by a judge.

Recommendations for migrants during ICE visits:

Request the judicial warrant: Migrants have the right to ask for a warrant before allowing entry. This ensures that agents act under the law and prevents abuse.
Exercise the right to remain silent: Migrants may choose not to answer questions about their status without an attorney. This prevents self-incrimination or status disclosure without legal protection.

This right ensures that detentions are carried out legally and fairly. It also provides migrants with essential protection against abuse of authority.

Right to Seek Asylum

The U.S. offers the opportunity to seek asylum to individuals fleeing persecution in their home countries due to their race, religion, nationality, membership in a particular social group, or political opinion. This right is protected by international law and U.S. laws and represents a vital resource for those fearing for their safety and that of their families.

Key aspects of the asylum application process:

Formal application process: The asylum application must be submitted to immigration authorities. It is a rigorous process that includes an interview and submission of evidence.
Representation and legal advice: It is highly recommended to have an immigration lawyer, as the asylum process is complex and often requires proof of danger in the country of origin.
Supporting documentation: Asylum seekers must present documents and testimonies supporting their persecution claims and the danger they face.

This right allows persecuted individuals or those in danger to find refuge and rebuild their lives in a safe country, giving them the chance to start over without constant fear of retaliation or violence.

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Right to Fair Wages and Decent Working Conditions

All workers in the U.S., regardless of immigration status, have the right to fair wages and decent working conditions. The Fair Labor Standards Act (FLSA) sets the minimum wage and protects employees from abusive work conditions.

If a migrant faces labor abuse, they can:

File complaints: They can file a complaint with the U.S. Department of Labor, which investigates labor rights violations and enforces compliance.
Seek support organizations: There are many organizations defending workers’ rights and offering legal assistance. Working in safe conditions and receiving fair pay enables migrants to contribute to the economy and sustain a stable life.

These rights are fundamental to their well-being and development in the country.

Fundamental Rights of Migrants in the U.S.

Edgar, Testimony of Migrants’ Fundamental Rights

For those seeking a better life in the United States, it is essential to understand that all migrants have fundamental rights. Regardless of their immigration status, such information can help them achieve their goals. Edgar’s story reminds us that information, professional support, and proper guidance can transform lives.

Since his early years, Edgar heard stories about the United States: a land of opportunity, but also of challenges. When he got the chance to migrate, he felt hopeful, though somewhat uncertain. Thanks to the Law Office of Manuel Solís, Edgar understood that as a migrant, he had basic protection rights.

“When I was with Manuel Solís and his team, I felt confident that my rights would be respected. All my paperwork was in order and, finally, my application was approved.”

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Results of Enforcing Migrants’ Fundamental Rights

Now, with his Permanent Residency, Edgar looks to the future. He knows that as a resident, he has rights that allow him to work, live, and thrive in the United States. His plan is to continue growing personally and fulfill his dreams, especially alongside his wife.

For those hesitant to begin the process, Edgar has a message: “Don’t be afraid to learn about your rights. The Law Office of Manuel Solís and his team guided me and gave me confidence every step of the way. At first, I had doubts too, but I decided to research and take action. I recommend you consult, get informed, and don’t let fear stop you from reaching your dreams.”

Edgar’s story is one of many that show how knowing your immigration rights can change lives.

Frequently Asked Questions About Migrants’ Rights

What are my rights if I am detained by ICE? You have the right to remain silent and to request an attorney. ICE cannot enter your home without a signed judicial warrant.
Can my children attend school regardless of our immigration status? Yes, all children have the right to free public education in the U.S.
Do I have the right to emergency medical care? Yes, all hospitals must provide emergency medical care regardless of immigration status.
Can I apply for asylum in the U.S.? Yes, if you face persecution in your country of origin, you can apply for asylum. It is advisable to have legal representation.
What should I do if I’m a victim of discrimination? You can file a complaint with the Equal Employment Opportunity Commission (EEOC) or the Department of Justice.

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Conclusion on Migrants’ Fundamental Rights

Knowing and understanding these fundamental rights is crucial for migrants in the U.S. to live with dignity and safety. It also allows individuals to defend themselves in cases of abuse. From the right to not be discriminated against to protection in medical emergencies, each right ensures the well-being of migrants.

At the Law Office of Manuel Solís, we are committed to providing guidance and legal representation. We also strive to ensure that migrants receive the fair and dignified treatment they deserve. If you or someone you know needs support with immigration rights or is facing an abusive situation, message us on WhatsApp.