Undocumented aliens, often referred to as undocumented immigrants, are individuals residing in the United States without legal immigration status. Despite lacking legal status, they still have certain rights and responsibilities under U.S. law:
Rights
1. Constitutional Protections:
- Due Process and Equal Protection: The 14th Amendment ensures that all persons, regardless of immigration status, have the right to due process and equal protection under the law.
- Protection Against Unlawful Searches and Seizures: The 4th Amendment protects against unreasonable searches and seizures, requiring law enforcement to have a warrant or probable cause.
- Right to Remain Silent: Under the 5th Amendment, individuals can refuse to answer questions from law enforcement to avoid self-incrimination.
2. Labor Rights:
- Undocumented workers are entitled to fair wages and safe working conditions under laws like the Fair Labor Standards Act and the Occupational Safety and Health Act.
- They have the right to organize and join unions.
3. Education:
- Under the Supreme Court decision in Plyler v. Doe (1982), undocumented children have the right to a K-12 public education.
4. Access to Emergency Services:
- They have the right to seek emergency medical care regardless of immigration status through the Emergency Medical Treatment and Active Labor Act (EMTALA).
5. Civil Rights Protections:
- They are protected against discrimination based on race, national origin, or ethnicity.
Responsibilities
1. Obeying U.S. Laws:
- Like all residents, undocumented immigrants must adhere to federal, state, and local laws.
2. Paying Taxes:
- Many undocumented immigrants pay taxes in some form, such as sales taxes. Those who work are also often subject to payroll taxes.
3. Registration for Selective Service:
- Undocumented males between the ages of 18 and 25 are required by U.S. law to register for the Selective Service, although they are not eligible for military service.
Limitations
1. Civil Participation:
- Undocumented immigrants cannot vote in federal elections and are generally restricted from holding public office.
2. Public Benefits:
- They are largely ineligible for federal public benefits, such as Social Security, non-emergency Medicaid, and food assistance.
3. Travel and Identification:
- Undocumented immigrants face restrictions in travel and often have difficulty obtaining driver's licenses or official identification, depending on state laws.
While undocumented immigrants have certain legal protections and responsibilities, their status leaves them vulnerable to deportation and often limits their access to many public benefits and opportunities. Legislative changes and immigration policy reforms continue to be debated and can affect their rights and responsibilities.