Understand your immigration rights and safeguards.

What you will discover:

Constitutional protections for immigrants
Is it necessary for me to be a US citizen to vote?
Is it necessary for me to be a US citizen in order to get a driver’s license?
What am I entitled to with a Student or Tourist Visa?
What safeguards are in place for temporary workers?
What exactly is a Sanctuary City?

You may be puzzled about your rights in the United States, whether you are here for a brief visit or a long-term stay. Immigrants and visa guests enjoy the same rights and protections as citizens. The US Constitution provides certain safeguards, and some states give rights such as driving privileges.

Constitutional protections for immigrants

Many citizens immigrated to the United States. Citizenship immigrants have the same rights as any other citizen. Both citizens and non-citizens are protected under the US Constitution. Citizens and non-citizens have the right to free speech and religion, protection from arbitrary searches and seizures, the right to a jury trial, immunity from self-incrimination, and protection from “cruel and unusual” punishment under immigration law. For the most part, long-standing Supreme Court rule prohibits governments from discriminating against non-citizens. Non-citizens, temporary employees, and visa holders are all protected, although they may not be able to exercise certain citizen rights.

Is it necessary for me to be a US citizen to vote?

Yes, in most circumstances. You must be a US citizen to vote in federal and state elections in the United States. Non-citizen voting may be permitted in certain municipal elections. Certain felons may be denied the right to vote in several states. Check with your local election office to check whether non-citizens are allowed to vote in local elections. Those with dual citizenship in the United States and another nation are eligible to vote in US elections. Other prerequisites include being above the age of 18 and meeting the residence requirements of your state.

Is it necessary for me to be a US citizen in order to get a driver’s license?

Many different sorts of non-citizens may gain driving privileges in the United States. State rules govern who may be awarded a driver’s license.

Immigrants who are undocumented. Only a few states, including Washington, New Mexico, and Illinois, offer licenses to unauthorized immigrants.
DACA. Young immigrants awarded Deferred Action for Childhood Arrivals (DACA) may be eligible to get driver’s licenses in the states where they live. Many states, including California, Texas, and Florida, provide DACA participants driver’s licenses.
Green cards are issued. Most states will enable Green Card holders to apply for a driver’s license.
Visitors. Foreign nationals with a visa may be eligible to hire a vehicle if they have both a domestic license and an International Driver’s Permit (IDP).

What am I entitled to with a Student or Tourist Visa?

While in the United States, visa holders are entitled to certain safeguards. Most visitors to the United States enjoy the same protections as citizens, but not the same rights. Protections include safeguards against abuse and domestic violence, the right to a living income, safeguards against sex trafficking, and safeguards against discrimination, among other things. Visitors who are students or tourists are not allowed to vote or receive a driver’s license in the United States. Visit the US Visa website to learn more.

What safeguards are in place for temporary workers?

The United States has various rules in place to safeguard its temporary labor. A lot of work has recently been placed into preventing human trafficking.

The following are basic rights and protections:

The right to a living wage
Anti-discrimination protection
The absence of sexual harassment and exploitation
The right to a safe working environment
The right to seek assistance from a union and labor rights organizations
Right to quit a hostile work environment

If you believe your rights have been infringed, you may choose to consult with an immigration attorney.

What exactly is a Sanctuary City?

San Francisco, New Orleans, Newark, and Seattle are examples of “sanctuary cities” that have opted to restrict their cooperation with federal immigration enforcement authorities. In general, the idea is to prevent people from being deported for minor offenses like traffic violations. That does not imply that a non-citizen is completely safe in such places, particularly if a significant crime is committed (or suspected). Not all sanctuary cities provide the same protections; you may discover more about your city’s policy by visiting its website.