Since the second inauguration of United States President Donald Trump, the perennially controversial topics of immigration and governance have again become political powder kegs. Through a flurry of executive orders, Trump has been targeting millions of immigrants across the country with threats of detention and deportation.
The disheartenment provoked by the new anti-immigration policies makes many immigrants feel as if they’ve been stripped of their rights in the U.S. If you’re feeling this way, rest assured this isn’t the case. Even with all the restrictions and overzealous enforcement of the Trump era, you still have many civil rights guaranteed by the Constitution, its Bill of Rights, statutes, and regulations.
Immigrants’ Rights Under the Constitution
All the individual protections enshrined in the U.S. Constitution and the Bill of Rights therein apply to immigrants. The most prominent points of law relate to discrimination, unreasonable searches, and due process. These protections prevent immigration agents from profiling you because of your skin color, detaining you for no reason, and preventing you from contacting your San Diego immigration lawyers.
Civil Rights for Immigrants
Some of the clauses in the Bill of Rights paved the way for federal legislation that prohibits discrimination at various levels. Title VII of the Civil Rights Act of 1964 applies to everyone. Its anti-discrimination provisions are beneficial to immigrants in the workplace, at school, or when dealing with federal matters such as applying for immigration benefits.
In essence, Title VII and the Immigration and Nationality Act (INA) protect immigrants against labor discrimination. Your boss cannot treat you differently or unfairly because of your legal status beyond your work permit. Employers cannot refuse to hire you because of your background. Landlords and property managers cannot deny you a place to rent because you don’t have a green card.
Basic Labor Laws
If your Form I-765, Application for Employment Authorization, was approved and you received an Employment Authorization Document (EAD) card, you’re legally entitled to specific rights enjoyed by all American workers. This means you should be paid at least the minimum wage, and your overtime hours should be compensated according to state and municipal regulations.
Being authorized to work in the U.S. also means you have the right to work in safe environments that promote occupational safety. If you and your coworkers decide to join a labor union, your boss cannot retaliate.
Expanded Rights for Green Card Holders
You gain more rights once you become a permanent resident. You’ll be able to apply for special programs such as mortgage loans guaranteed by Fannie Mae and Freddie Mac. You’ll have the right to receive social security benefits based on the contributions you’ve made from your income. Depending on the jurisdiction where you reside, it will be easier to get a driver’s license or a business permit.
Green card immigrants can join the U.S. Armed Forces and own property with adequate title and vesting. You can also begin requesting visas for your foreign spouse and children. After you satisfy the five-year physical residency requirement, you can apply for naturalization, thus giving you the right to vote and obtain an American passport.
If you’re an immigrant and you need a lawyer because your rights have been violated, contact the experienced attorneys at KS Visa Law. We provide a variety of immigration services 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.
