In the current political and security climate, knowing everyone’s legal rights in the U.S. is a necessity for migrants and their loved ones. However, due to misinformation campaigns, it is increasingly hard to know which are the real immigrants’ legal rights in the US.
Informed immigrants can not only protect themselves but also be protectors and leaders for their family and community. Across neighborhoods, workplaces, and homes, claiming these rights turns fear into empowerment.
According to the United States Census Bureau, 19.5% of the population, or over 65 million Hispanics, live in the USA. This means that if Latinos know their rights, protect and educate each other, and unite on political issues, they can greatly impact the political and security state of the country and their communities.
The Non-Negotiables: Core Hispanic Immigrants’ Rights & Protections
Whether someone has lived in the U.S. for 20 years or arrived last week, certain rights apply to all people, not just citizens. These protections come from the Constitution, federal and state laws, and long-standing court decisions. Understanding these rights is the first step toward replacing fear with confidence and helping your family and community do the same.
You Have the Right to Stay Silent
If police or immigration agents stop or question you, you are not required to answer questions about:
- Immigration status
- Where you were born
- How you entered the country
A simple script keeps things safe and clear:
“I choose to remain silent. I want to speak to a lawyer.”
This statement is legal, powerful, and applies to everyone, citizen or not.
At Home: You Do NOT Need to Open the Door Without a Judge-Signed Warrant
You are protected against raids in your own home by the Constitution’s Fourth Amendment. If immigration agents (ICE) come to your home:
- Do not open the door.
- Ask them to slide the warrant under the door or show it through a window.
- Check whether the warrant is signed by a judge and has your full name and address. You do not need to open the door if they don’t show a judicial warrant, signed by a judge, that shows your full name and address.
Most ICE “warrants” (Forms I-200 or I-205) are administrative, meaning officers cannot use them to force entry. Only a judicial warrant signed by a judge allows agents to enter without permission.
Protecting your home and your family’s privacy begins with recognizing the difference.
Language Access & Interpreter Rights
If you have been detained or arrested, and you do not speak English properly, you have the right to an interpreter throughout your legal proceedings. Courts and agencies that receive federal funds must provide “meaningful access” for Limited English Proficiency (LEP) individuals under Title VI of the Civil Rights Act.
Right to Counsel in Criminal Court
In criminal cases, you have the right to a government-appointed lawyer if you cannot afford one. In immigration court, you have the right to hire an attorney; however, the state will not provide one if you cannot pay.
Your Children Have the Right to Attend Public School
Since the Supreme Court’s decision in Plyler v. Doe, all children, regardless of immigration status, have the right to enroll in K-12 public school. This means that everyone has the right to study from kindergarten to 12th grade, even without proper migration documentation.
Schools cannot:
- Ask for immigration documents
- Deny enrollment due to status
- Require parents to disclose their identity to police or ICE
Some states, such as California, Colorado, Illinois, and New York, have laws that permit immigrants to study at their community colleges, as long as they pay the tuition fee.
Education is a doorway to opportunity. Knowing this right helps keep that door open for every child.
Workplace rights for immigrant workers
Every worker in the United States, regardless of immigration status, is protected by federal labor and safety laws. These rights apply in restaurants, construction sites, factories, cleaning jobs, warehouses, and any workplace where immigrants contribute every day. Knowing these protections helps workers defend not only themselves, but also coworkers and family members who depend on their income and safety.
Here are the core, non-negotiable rights all workers have in the U.S.:
- You have the Right to Minimum Wage and overtime pay
- You Have the Right to a Safe Workplace
- You Are Protected From Discrimination
- You Are Protected From Abusive Hiring
- You Have the Right to Organize, Discuss Your Working Conditions, and Collectively Bargain
- You have the Right to Compensation After a Workplace Accident
Expanded Workers’ Rights, Work With Confidence, and Protect Yourself on the Job
Across the United States, immigrant workers keep entire industries running, such as construction, hospitality, agriculture, childcare, transportation, and more. And whether someone has work authorization or not, federal labor laws protect every worker. These protections cannot be taken away because of citizenship, nationality, or immigration status.
Understanding these rights allows workers to show leadership on the job, defend their families’ economic stability, and prevent employers from using fear or misinformation to silence them.
You Have the Right to Fair Pay
Under the Fair Labor Standards Act (FLSA):
- You must be paid at least the federal minimum wage, unless your state or city sets a higher one.
- You must be paid overtime (1.5x) for all hours worked over 40 in a week (with certain exemptions).
- Employers cannot withhold wages because of immigration status.
Even undocumented workers have the right to collect unpaid wages through a DOL complaint or a wage claim.
You Have the Right to a Safe Workplace
The Occupational Safety and Health Administration (OSHA) protects all workers, regardless of immigration status. Your employer must provide:
- Safe working conditions, compliant with OSHA standards, and free of known hazards
- Training in a language you understand
- Safety equipment (helmets, gloves, harnesses, etc.)
- Protections from chemicals, machines, falls, and other hazards
- The right to step away from truly dangerous work
If you report unsafe conditions, OSHA can investigate, and your employer cannot retaliate, firing you, cutting hours, or threatening to “call immigration” is illegal.
You Are Protected From Discrimination and Harassment
Federal civil rights laws protect workers from being mistreated because of:
- National origin
- Accent
- Ethnicity
- Perceived immigration status
The Equal Employment Opportunity Commission (EEOC) investigates harassment and discrimination, including mocking accents, racial slurs, unfair discipline, or unequal pay.
Immigration status does not prevent someone from filing a complaint.
Protection Against Abuse During Hiring and I-9 Verification
The Department of Justice’s Immigrant and Employee Rights Section (IER) enforces anti-discrimination protections under the Immigration and Nationality Act (INA). Employers are not allowed to:
- Demand specific documents because you “look foreign”
- Reject valid documents
- Request extra proof of work authorization
- Treat workers differently because of their citizenship or status
- Misuse E-Verify or threaten to “redo” an I-9 to intimidate workers
- Retaliate if a worker asserts their rights
Workers can call the IER hotline confidentially; interpreters are available.
You Have Whistleblower Protections
Workers who report:
- Safety hazards
- Wage theft
- Discrimination
- Trafficking indicators
- Labor violations
are protected against retaliation. Complaints to OSHA, DOL, EEOC, or IER can be filed without revealing immigration status.
Some workers may even qualify for special protections or immigration relief if they report serious abuse.
Compensation After an Accident
All workers are entitled to receive free medical treatment after an accident and receive compensation through a workers’ compensation program or through a civil claim
If you get hurt on the job, many states, including Texas, generally allow undocumented workers to receive:
- Medical care
- Wage-loss benefits
Compensation for long-term injuries
Workers’ compensation claim offices usually do not ask for immigration documents, but rules vary by state and whether an employer carries insurance. In Texas, because employers can opt out of workers’ comp, injured workers may need legal advice to recover benefits.
No one should ever be denied medical care because of status.
You Have the Right to Organize and Speak Up
Under the National Labor Relations Act (NLRA), all workers, documented or undocumented, have the right to:
- Discuss wages
- Challenge unsafe conditions
- Organize with coworkers
- Join or form a union
Workers cannot be punished for talking about their rights. Even if remedies may differ for undocumented workers, the protections still apply.
Your Rights If You’re Stopped by Police or ICE
The police and ICE have to respect your rights. This is a step-by-step guide on what to do if you are detained:
What to do if police stop you, and they don’t have a warrant for your arrest
- Stay calm.
- Ask: “Am I free to leave?” if the answer is yes, you can walk away.
- If detained, you can say: “I choose to remain silent. I want a lawyer.”
- Do not answer immigration questions or other questions without your lawyer. Never lie about citizenship or immigration status, and do not show false documents.
- Call Houston criminal defense lawyers at Ceja Law Firm
If ICE knocks at your door:
- Do not open unless they show a judicial warrant.
- Ask them to slide the warrant under the door so you can check for a judge’s signature and your name.
- If they only have administrative forms (like I-200/I-205), you have the right to refuse entry.
- Call your immigration attorney
If you are detained by ICE:
- Assert your consular notification rights under the Vienna Convention. Ask officers to notify your consulate and keep the consulate’s phone number saved in your contacts.
- Call your attorney as soon as possible
If You’re a Victim or Survivor
Under certain conditions, if you are a victim of certain crimes and you cooperate with the authorities, you have the right to be protected and to apply for residency without being dependent on your abuser.
U Visa
For victims of certain qualifying crimes (domestic violence, assault, trafficking, etc.) who are helpful to law enforcement. Approved U Visa applications open the door to work authorization and may lead to a green card.
T Visa
Victims of severe human trafficking (labor or sex trafficking) can apply for protection and a T visa.
You may also be eligible to become a lawful permanent resident (green card) after a few years.
VAWA Self-Petition
If you are an abused spouse, child, or parent of a U.S. citizen or LPR, you can self-petition without telling the abuser. You can also apply for work authorization under VAWA.
Empowerment Starts With Knowledge
When Hispanic immigrants understand and use their Legal rights in the U.S., they are able to protect themselves, their families, and their communities. Learning your rights, building a practical “rights plan,” and contacting trusted attorneys at Ceja Law Firm PLLC are not just survival strategies; they are acts of resilience, courage, and leadership.
