Understanding Your Rights and Requirements Under Immigration Law

The national laws, rules, and case law pertaining to the admission and departure of individuals from a nation are collectively referred to as immigration law. The legal system in this area can be complicated, and even small infractions can have a negative impact on someone's immigration status. The Constitution grants certain rights to all citizens of the United States, regardless of their immigration status. The Know Your Rights pamphlets, which you can download from this page, contain descriptions of these rights.

Workplace

Immigration attorneys generally fit into one of two main categories: either they have a litigation practice that focuses on federal court immigration removal hearings, appeals, and actions pertaining to asylum and refugee legislation, or they have a forms-based practice that handles visa applications, petitions, and other similar chores. Additionally, some lawyers might handle both kinds of cases. Employees are entitled to participate in protests at work, including demonstrations calling for improved working conditions or higher pay. In the event that their employer violates labor laws, they can do so without worrying about reprisals. Employers are required under Form I-9 to confirm an employee's identification and work permission in the United States. They must also refrain from treating workers unfairly because of their immigration or citizenship status. For instance, unless expressly mandated to do so by a state or federal statute, it is unlawful for employers to inquire about an employee's citizenship or immigration status. In an effort to bring attention to this problem, the city of New York recently established a worker's bill of rights.

Instruction

Whether they fled war-torn Syria or Ukraine, escaped poverty in crime-ridden Mexico or Guatemala, or were brought to the United States as children by their parents, all immigrants have a right to a quality education. NILC strives to uphold this right and opposes legislation that restricts the educational options available to immigrant families. Immigration law encompasses national statutes, rules, and case law pertaining to the entry and exit of individuals from a nation. This is a vast area of practice that includes immigration law, family reunification, and the naturalization process. Numerous immigration attorneys represent immigrants and refugees on behalf of nonprofits or public interest groups. These lawyers learn a great deal in this kind of environment and stay up to date on industry legislative developments and court rulings. Additionally, they could take part in CEU courses that concentrate on particular facets of immigration law. All attorneys have access to these courses, but those who focus on this particular area of the law may find them particularly helpful.

Medical Care

Applications and petitions for visas, work-related immigration and adherence to regulations governing the hiring of noncitizens, naturalization (the procedure through which immigrants become citizens), and refugee rights are only a few of the many topics covered by immigration law. It also covers the interactions between criminal justice and immigration law, such as how problems with immigration and naturalization could affect a criminal prosecution. Asylum and refugee law, which encompasses both domestic and international law pertaining to the rights of people seeking protection from persecution on the basis of their race, religion, nationality, membership in a particular social group, political opinion, or fear of such treatment, is a specialty area for some immigration lawyers. Additionally, this specialty area has connections to the larger topic of human rights law. Some lawyers concentrate on corporate immigration, which includes obtaining foreign worker permits and making sure that immigration rules governing the hiring of noncitizens are followed. Others concentrate on citizenship law and guide clients through the frequently challenging naturalization procedure.

Checkpoints for immigration

People should be aware of their rights at interior checkpoints, especially in light of recent incidents involving immigration. Actually, without a warrant and a "reasonable suspicion" of criminality, it is against the law for Border Patrol agents to pull you over, question you, and search you or your possessions. In United States v. Martinez-Fuerte, the Supreme Court decided that while CBP is allowed to run checkpoints a reasonable distance from borders to conduct quick, routine questions about an individual's immigration status, they are not allowed to engage in commendable law enforcement activities like drug interdiction or the racially biased capture of notorious criminals like El Chapo Guzman. It's advisable to say nothing and inform the agent that you will only answer questions in the presence of an attorney if you are stopped. Recall that the Supreme Court decided that an arrest or extended detention cannot be justified by silence. Similar to the last example, a thorough search of your car or other possessions is not justified by your race.