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It is common to find in countries such as the United States, where immigration has high levels especially of people from Latin American countries or other underdeveloped countries in search of a better standard of living, questions related to the particular rights of an immigrant in the United States, who, to begin with, should be considered persons regardless of nationality according to the Fourteenth Amendment of the Constitution of the United States.
This amendment was proposed after the Civil War and includes, among others, a clause on equal protection, which obligates the states of the North American country to grant any person in its jurisdiction equal protection of their rights.
Rights of an Immigrant in the United States
1. Right to a Fair Trial.
A fair trial is the way to guarantee that an immigrant in the United States is not prosecuted or deprived of their liberty without the necessary arguments for that purpose. Parts of a fair trial include the impartiality of the judge, the presence of the accused in court, access to an interpreter if necessary, being heard by the jury and of course having a fair conviction/sentence.
A fair trial intends that the accused be punished only for crimes committed and that they not be prejudiced because of their nationality, race or gender.
2. Right to Representation.
Legal representation refers to the authority given to a person, generally a legal professional, to act on behalf of another.
This is a fundamental right since it is expected that a lawyer working on behalf of a person accused of a crime, does so in the pursuit of the best agreement for their client; representation can be used from settlement cases to trials, so having a trusted lawyer is essential.In any case, seek the accompaniment of an experienced professional who can explain the development of your case.
3. Right to Receive Payment for Work Performed.
In accordance with the immigration laws of the United States, an employer cannot intentionally hire an undocumented person, but in the event that they do, the worker is covered by the Fair Labor Standards Act, which establishes the "minimum wage, overtime pay, record maintenance and employment of minors that affect full-time and part-time workers in the private sector."
4. Right to Free Education.
All people have the right to receive K-12 education for free and the state where they are located is obligated to provide it; in this section, the legal status of the student should not be considered either.
The K-12 education model refers to the primary and secondary education system, called that because of the school grades it covers, from Kindergarten through the last secondary grade, which is the 12th.
5. Right to File Civil Lawsuits.
This is without a doubt one of the most important rights, since a civil lawsuit is responsible for resolving conflicts between individuals in which the plaintiff expects to receive compensation for damages received, an indemnity and/or the recognition of their rights in general.These lawsuits are filed before federal court and are usually related to discrimination based on religion, different abilities, gender, age or race, or the violation of the rights previously mentioned.
Although the laws of the United States are made to guarantee the plurality of individuals and are not limited to the rights mentioned, these are without a doubt the ones that each immigrant in the United States should keep in mind when settling on North American soil.
Considering that legal means are the most effective when defending the dignity of a person, it is essential to have the accompaniment of a lawyer who not only generates trust but also speaks your language and has the necessary experience to successfully complete your case.At Conexión Legal we offer free consultation with immigration lawyers; contact us through this channel by the WhatsApp icon or Schedule Your Consultation and explore alternatives to resolve your case.Follow the steps in the following form to schedule your free consultation appointment.
