US Immigration

A Guide To Basic Immigrant Rights

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A Guide To Basic Immigrant Rights

A Guide to Basic Immigrant Rights
It is not uncommon for immigrants to be uncertain regarding their basic rights when they arrive to the United States. Below is a guide to some of the most basic rights to which immigrants who are residing in the United States are entitled. One of the most important elements regarding rights of immigrants to understand are those rights related to employment. Immigrants should understand that regardless of their actual legal status, they do have the right to receive at least the established minimum wage for full-time employment. They are also entitled to receive overtime wages when they work more than hours that have been stipulated. In addition, immigrants also have the right to be paid fairly and treated fairly. Immigrants may not be held in an employment situation against their will. They do have the right to retain their passport as well as other identification documents. Immigrants also have the right to request assistance from labor rights groups, immigrant groups and unions as well as to report abuse without the fear of retaliation. In addition, immigrants have the right to ask for justice in U.S. courts. Finally, in regards to employment, immigrants are entitled to have their workplace be free from any and all hazards that might result in serious harm.

Searches, Seizures and Warrants
Immigrants should also be aware that they have rights regarding unlawful searches and seizures. With the exception of emergencies, law enforcement officials and authorities are typically required to obtain a warrant that has been signed by a judge before they are allowed to search anyone's home. Immigrants should understand they do have the right to refuse entry into their home if there is not a valid warrant that has been signed by a judge. A law enforcement officer must have a valid arrest warrant or search warrant in order to enter the workplace of an immigrant or they must have the permission of the employer to enter. Immigrants are also entitled to rights that relate to unlawful arrest. Specifically, you have the right against being arrested in an unlawful manner. A United States Immigration officer may typically arrest an immigrant without a warrant only if he or she believes that the immigrant is in the country illegally and that they might escape before the warrant can be obtained. Immigrants also have the right to remain silent. If you should ever be stopped and/or questioned and if you do not have your documents available at that time or you are undocumented, you do have the right to remain silent regarding your immigration status. You may exercise the right to remain silent at any time and any place when you are questioned by authorities. Finally, you should understand that you have the right to be represented by an attorney. You also have the right to speak to an attorney to obtain legal counsel. In addition, be aware that you have the right to refuse to sign any immigration document and that you also have the right to request to speak to a lawyer prior to signing any such documents.