False Claim: Undocumented immigrants have no legal rights.
Truth: Undocumented immigrants DO have legal rights under the U.S. Constitution and federal statute. As far back as 1896, the U.S. Supreme Court ruled that:
“The Fourteenth Amendment to the Constitution is not confined to the protection of citizens. It says: ’Nor shall any state deprive any person of life, liberty or property without due process of law; nor deny to any person within its jurisdiction the equal protection of the law.’ These provisions are universal in their application to all persons within the territorial jurisdiction, without regard to any differences of race, of color, or nationality; and the equal protection of the laws is a pledge of the protection of equal laws.” 2
All persons in the U.S., therefore, have constitutional rights. Among these are the right to equal protection of the law and the right to due process.
Also, undocumented persons have a constitutional right under the Fourth Amendment to deny any officer from entering their residence without consent, absent a search warrant.
Further, the Supreme Court has held that all children, regardless of their immigration status, are entitled to free public education, as required under the Equal Protection Clause of the Fourteenth Amendment. 3
Additionally, under federal law publicly funded hospitals must provide emergency medical services to all patients, regardless of their immigration status. 4 Immigrants are also protected from workplace discrimination under state and federal laws.
Moreover, under federal law, a person may recover money damages for loss of property, personal injury or death where damages occurred as a result of the “negligent or wrongful act or omission of any employee of the Government while acting within the scope of his office or employment, under circumstances where the United States, if a private person, would be liable to the claimant in accordance with the law of the place where the act or omission occurred.” 5
These are just a few of the rights that our Constitution and federal laws grant to all persons living in the U.S. These rights are intended to protect all U.S. residents from discrimination and arbitrary government action. These rights are especially critical in times where hatred based on race, color, and national origin is on the rise.
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On September 26, 2007, ten plaintiffs filed suit in response to an arrest of aday laborers at a public park in Danbury, Connecticut. Plaintiffs amended their complaint on November 26, 2007.
The amended complaint states that plaintiffs sought to remedy the continued discriminatory and unauthorized enforcement of federal immigration laws against the Latino residents of the City of Danbury by Danbury's mayor and its police department.
Plaintiffs allege that the arrests violated their Fourth Amendment rights and the Connecticut Constitution because defendants conducted the arrests without valid warrants, in the absence of exigent circumstances, and without probable cause to believe that plaintiffs were engaged in unlawful activity. In addition, plaintiffs allege that defendants improperly stopped, detained, investigated, searched and arrested plaintiffs. Plaintiffs also allege that defendants violated their Fourteenth Amendment rights when they intentionally targeted plaintiffs, and arrested and detained them on the basis of their race, ethnicity and perceived national origin. Plaintiffs raise First Amendment, Due Process and tort claims.
Plaintiffs request declaratory relief, damages and attorneys fees.
On September 26, 2007, ten plaintiffs filed suit in response to an arrest of aday laborers at a public park in Danbury, Connecticut. Plaintiffs amended their complaint on November 26, 2007.
