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Do Immigrants and U.S. Citizens Have Similar Rights?

The increased operational pace of federal agencies like Immigration and Customs Enforcement (ICE), which has been crucial in advancing the anti-immigration policies espoused by President Donald Trump, has drawn widespread condemnation and protests. Street rallies in Southern California turned violent as protesters clashed with ICE agents in June 2025, prompting Trump to deploy National Guard troops. Thankfully, most other protests have been peaceful, and they share a common goal of standing up for fundamental rights.

Exclusive vs. Inclusive Rights

Sovereign laws are often enacted to grant individual rights and protections that can be exclusive or inclusive. In the United States Constitution, for example, Section 1 of Article 2 declares that only natural-born citizens are eligible to run for president. Although this is a fundamental right, it excludes immigrants. An example of an inclusive right would be the Due Process Clause of the Fourteenth Amendment, which grants rights to “any person.” Essentially, American citizens and immigrants are protected from the arbitrary taking of life, liberty, or property without following legal procedures and being heard in court.

Sanctuary Laws and Local Protections

When reviewing the news reports about Americans protesting the White House’s anti-immigration policies, it’s important to understand the background and intent. In Oregon, for example, community activists in Salem disrupted an extraordinary meeting scheduled by the Marion County Commission for September. The protesters complained about federal attempts to decimate the state’s “sanctuary laws.” This is an example of legal protections that apply to everyone in Oregon, as Marion County residents don’t want to see their police departments assisting ICE agents in their communities.

Voting Rights for Immigrants

Voting rights are different for American citizens and immigrants. Although the right to vote is generally reserved for citizens, a few jurisdictions allow immigrants to vote in local elections. In California, for instance, noncitizen parents and guardians of minors can vote in school board elections. In the District of Columbia, which is a special federal jurisdiction, immigrants can vote to elect the mayor, city council members, and the school board.

Military Service Rights

The right to serve in the U.S. Armed Forces is open to citizens and foreigners who are legal residents. In times of armed conflict, such as at the height of the “Global War on Terrorism” era, some foreigners deemed admissible and eligible for conditional green cards were fast-tracked to permanent residency and naturalization after they enlisted.

Constitutional Protections

Another inclusive example is the right against self-incrimination, found in the Fifth Amendment of the Constitution. In criminal investigations or court cases, citizens and immigrants cannot be forced to testify against themselves in criminal proceedings. The Supreme Court has certified this fundamental protection, which is informally known as the right to remain silent, as a pillar of the American justice system. If you’re an immigrant in Southern California and you think your rights have been violated, seek immediate help from an experienced immigration lawyer in San Diego.

Due Process and Legal Counsel

There’s also the right to legal counsel and due process, which applies in many situations, and it has been a major point of contention behind the protests against ICE and the Trump administration. The Supreme Court has issued many rulings against the mass deportation tactics of the Department of Homeland Security, which has been ignoring laws ranging from the Constitution to municipal ordinances. Foreigners who are detained or targeted for deportation have the same rights as citizens to retain immigration law firms and take their cases to court. 

If you need legal help because your rights as an immigrant have been violated, contact the experienced attorneys at KS Visa Law. We’re among the best immigration lawyers in San Diego, and you can count on us to stand up for your rights. Call us to schedule an appointment with one of our lawyers today.

November 2025
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