Immigrants, even those who are undocumented, possess basic rights under the U.S. Constitution. Specifically, the 14th Amendment guarantees due process and equal protection to all “persons” in the United States, not just citizens. In immigration court, this means immigrants have a right for their cases to be presented and heard. Because the immigration court system is civil rather than criminal, immigrants have the right to retain counsel, but are not provided a lawyer free of charge if they can’t afford one. In 2016, the American Immigration Council found that only 37 percent of immigrants secured legal representation in their deportation proceedings.
To this end we are compelled to offer some basic information on your rights and responsibilities, as well as to provide some knowledge about best practices in your search for legal representation. It is imperative for anybody who is in need of legal representation to investigate and search diligently to ensure that the attorney that you choose to hire is qualified and competent to perform legal services that are in your best interests. Therefore, the topics found in this page address legal systems under the categories of Immigration, State, Federal, and Family. Although each has distinct practical norms, timelines, and obligations, there are many commonalities that are applicable to the larger legal system as a whole. We hope this page offers you some insight on your rights.