Are there basic rights accorded to immigrants or undocumented immigrants?

Yes, there are some basic rights in place for immigrants and undocumented immigrants. An example of those rights would be if an immigrant or undocumented immigrant were to be stopped by immigration authorities, local police or the FBI, an immigrant or undocumented immigrant does have the right to remain silent. This is especially true when it comes to disclosing your immigration status.

An individual who is stopped also has the right to speak with an attorney prior to responding to any questions or signing any documents.

If you have been accused of committing a crime, if you are not a U.S. citizen, and irrespective of your immigration status, you have the same rights accorded to a U.S. citizen in a criminal case/situation.

If you are dealing with matters relating to immigration and immigration law you also have the right to a hearing in front of an immigration judge, the right to an attorney or other entity with experience in immigration law and the right to talk to Consular officials representing your country of origin. You must assert your rights, as immigration courts do not provide legal counsel.

It is important to remember that you would only have a hearing before an immigration judge if you have not waived your right, have agreed to leave the country, have a criminal record, were ordered deported at another time or were apprehended and arrested at the border.

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