Guide to Undocumented Immigrants' Rights, Benefits, & Resources

Undocumented immigrants undoubtedly face unique challenges due to their immigration status, often living in uncertainty and fear. Fear of deportation and separation from families hinders access to essential services, and with work discrimination and labor exploitation, things get more difficult. Confusing language and ever-changing legislation can also be a huge hindrance to accessing support.

Nevertheless, resources, organizations, and legal protections exist to support and advocate for their rights. This guide explores the rights, benefits, and resources available to undocumented immigrants, covering legal protections, education, healthcare, and support organizations. 

Understanding these resources empowers undocumented immigrants to navigate their circumstances, access assistance, and pursue a brighter future with dignity.

N.B: All of the information in this article is true at the time of publication. While we aim to provide factual information, legislation and laws are regularly updated. For up-to-date information, go to the U.S. Citizenship and Immigration Services (USCIS) at https://www.uscis.gov/

What Constitutional Rights Do I Have as an Undocumented Immigrant in the US?

As an undocumented immigrant in the United States, you are entitled to certain constitutional rights, regardless of immigration status. These rights protect your fundamental liberties and ensure fair treatment under the law. Here are some key constitutional rights you have as an undocumented immigrant.

1. As part of the U.S. Citizenship Act of 2023, there are roadmaps to provide an earned path to citizenship for people who contribute to their communities, including their families, and other measures to improve the rights and benefits of undocumented immigrants.
2. As an undocumented immigrant, you have the right to be with family, as per the U.S. Constitution, recognizing the importance of family unity.
3. You have the fundamental right against unreasonable searches and seizures. The fourth amendment safeguards everyone from unlawful searches and seizures by law enforcement - meaning immigration authorities usually require a warrant or probable cause to search your home or belongings or to arrest you.
4. You have the right to freedom of speech and religion.
5. You have the right to a government-appointed lawyer if arrested, as your right to fair treatment under the Fifth and Fourteenth US Amendments.
6. Right to education. The U.S. Supreme Court has ruled that all children, regardless of immigration status, have the right to receive a free public grade K-12 education. This means public schools and educational services cannot deny entry because of immigration status.

What Rights Do I Have as an Undocumented Student or Child of an Undocumented Parent?

As an undocumented student or child of an undocumented parent in the United States, you have certain rights and protections, which include:

1. You have the fundamental right to a free education from kindergarten to twelfth grade.
2. You also have the right to higher education. Some states have enacted laws that allow undocumented students to pay in-state tuition rates at public colleges and universities. Additionally, there are several scholarship programs and financial aid opportunities for undocumented students.
3. You and your family have the right to privacy, meaning schools and other government entities cannot disclose immigration status without a legitimate legal reason.
4. Hospitals and emergency services cannot deny treatment based on immigration status.
5. Equal access to school meal programs under the School Lunch Act.

While these rights exist, enforcement and interpretation can, unfortunately, vary. So we always recommend seeking counsel from immigration attorneys or advocacy organizations, who can provide specific state guidance based on your circumstances - we have a whole list of these at the end of this article to help you.

Benefits & Financial Support Available for Undocumented Immigrants

While most undocumented immigrants and current DACA holders are ineligible for most federal public benefits, a few programs and needs-based benefits are available depending on the state you live in. All U.S. states have opted to provide access to the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC), apart from Indiana, which restricts access.

26 U.S. states also give undocumented immigrants access to some state-funded benefit programs.

Some state-funded benefits include full-scope Medi-Cal coverage for unauthorized immigrants aged 19-25 and over 50 in California. In New York, working immigrants may be eligible for lower-cost health insurance through Healthy NY. 19 states also allow in-state tuition rates for undocumented students; Higher Ed Immigration Portal has a full list.

Helpful Resources & Organizations for Undocumented Immigrants

The following list of key organizations, charities, and non-profits offer legal aid, education, healthcare support, and advocacy for undocumented immigrants across the USA. While this section is a great starting point for anyone needing advice, the following organizations and services can provide further information:

National Immigration Centre (NILC)

Established in 1979, NILC works tirelessly to provide all immigrants with access to support, defending the rights, protections, and advancing rights of those most in need. 

https://www.nilc.org/

United We Dream

United We Dream has many trusted resources for people needing more information about their legal rights in the U.S., regardless of immigration status. The site is super easy to use and navigate.

https://unitedwedream.org/

U.S. Citizenship and Immigration Services (USCIS)

The official website for USCIS may not be the easiest to navigate, but it will give you all the up-to-date information regarding immigration policies nationwide. 

https://www.uscis.gov/

CHIRLA

CHIRLA has many legal services, resources, and programs to help immigrants in California access and advocate for their rights. They also run petitions and offer a welcoming door for anyone accessing their services.

https://www.chirla.org/

Legal Resources

If you require legal counsel, the following organizations specialize in undocumented immigrant issues.

American Immigration Lawyers Association (AILA)

If you need legal counsel, AILA is a not-for-profit, nonpartisan voluntary bar association providing professional services to people needing an immigration lawyer. Its database is expansive, but prices are variable.

https://www.aila.org/

Immigrants Advocates Network

The National Immigration Legal Services Directory allows you to search for immigration legal services by state, country, or detention facility. This directory only includes free or low-cost counsel.

https://www.immigrationadvocates.org/

International Rescue Committee

For people needing legal advice, support, or citizenship assistance, the International Rescue Committee offers low-cost options from fully qualified professionals specializing in immigration services.

https://www.rescue.org/topic/immigration

Immigration Law Help

This one is another directory of immigration legal help. You can search for low-cost legal help using its interactive map. Once you've selected your state or searched by ZIP code, you will get a list of resources filtered by types of legal assistance and contact details. 

Immigrationlawhelp.org

Education Resources

You are entitled to certain educational resources as an undocumented immigrant. These organizations can help you navigate the U.S. education system.

Immigrants Rising

Immigrants Rising believes everyone should have the right and opportunities to pursue education. Based in San Francisco, this organization provides support and resources nationwide to undocumented students and their families.

https://immigrantsrising.org/

The Dream.US

Dream.US is a great organization for young people looking to head to college. They support undocumented immigrant youths who came to the U.S. at a young age with their families. They offer two scholarship programs to help fund college and partner with colleges and universities in 29 states.

https://thedream.us/

Bright Side Foundation

The Bright Side Foundation supports immigrants worldwide and fills out tricky immigration forms for a fee. Many of its volunteers are immigrants who have already gone through the process.

https://brightsidefoundation.org/

Health Benefits & Resources

The U.S. medical system can be extremely difficult to navigate, especially as an undocumented immigrant. These organizations are fighting for equality in healthcare and could help you find further benefits and resources.

Health Outreach Partners (HOP)

HOP is changing the outdated health model by partnering with local community-based organizations across the U.S. They are passionate about improving the quality of life for low-income and underserved populations. 

https://outreach-partners.org/

American Medical Association

The American Medical Association (AMA) stands for physicians across the United States. They support the medical community as a whole while trying to also promote unbiased healthcare and support, specifically for those in low-income families.

https://www.ama-assn.org/

The Hastings Center

The Hastings Center is a non-profit institute that explores ethical issues within the healthcare system, technology, and the sciences. They conduct research and provide insights to shine a light on ethical practices within the industry.

https://www.thehastingscenter.org/

Health Care for All Massachusetts

Health Care for All (HCFA) is a non-profit that focuses on affordable healthcare and easy access in Massachusetts. They're an organization that aims to change the system, educate the public, and get people the best healthcare they can, no matter how much they earn or their cultural background.

https://hcfama.org/

Cultural Integration Resources

It can be difficult to integrate into a community when you feel out of place, overwhelmed, or unwelcome. The following organizations are for people who need practical and emotional support to navigate their situation.

Informed Immigrant

Informed Immigrant is an online platform providing resources and information to support immigrants in the United States. The platform is trying to give those struggling within the system valuable tools and knowledge to navigate their transition.

https://www.informedimmigrant.com/

Border Angels

Border Angels is a non-profit company dedicated to supporting immigrants. One of their biggest priorities is maintaining the human rights every immigrant is entitled to. Through various initiatives, they provide humanitarian aid, education, and advice to people affected by immigration policies, especially on the US-Mexico border.

https://www.borderangels.org/

American Immigration Council

The American Immigration Council advocates for a fair and just immigration system in the United States. Their non-profit organization does a ton of research and provides legal support, to shape immigration policy throughout the United States.

https://www.americanimmigrationcouncil.org/

Define American

Define American is a nonprofit media and culture group that has a simple goal; change the narrative around immigration and identity in the United States. Incredibly, they use storytelling to foster conversations that challenge stereotypes and promote equality and inclusivity.

https://defineamerican.com/

N.B: All of the information in this article is true at the time of publication. While we aim to provide factual information, legislation and laws are regularly updated. For up-to-date information, go to the U.S. Citizenship and Immigration Services (USCIS) at https://www.uscis.gov/

Resources

• National Immigration Forum - Fact Sheet: Immigrants and Public Benefits
  https://immigrationforum.org/wp-content/uploads/2018/08/Immigrants-and-Public-Benefits-FINALupdated.pdf
• Frazee, G. What constitutional rights do undocumented immigrants have? PBS.
  https://www.pbs.org/newshour/politics/what-constitutional-rights-do-undocumented-immigrants-have
• Allyn, B. California Is 1st State To Offer Health Benefits To Adult Undocumented Immigrants
  https://www.npr.org/2019/07/10/740147546/california-first-state-to-offer-health-benefits-to-adult-undocumented-immigrants.
• Barrera, A.G and Krogstad, M.J. Key facts about U.S. immigration policies and Biden’s proposed changes. 
  https://www.pewresearch.org/short-reads/2022/01/11/key-facts-about-u-s-immigration-policies-and-bidens-proposed-changes/