Understanding the Rights of Immigrants after the Presidential Election

The outcome of a presidential election will influence future immigration policies in the United States. But fundamental rights for undocumented immigrants will remain consistent under the U.S. Constitution and federal law. Here’s an overview:

Core Rights for Undocumented Individuals

1. Protection Against Discrimination:
   Federal and state laws protect against discrimination based on race, ethnicity, or national origin.
2. Due Process Rights:
   Everyone, regardless of immigration status, has the right to fair treatment in legal proceedings. This includes the right to a hearing and appeal in immigration-related cases.
3. Workplace Protections:
   Undocumented workers are entitled to fair wages for their labor and safe working conditions. Retaliation for reporting violations is illegal.
4. Education Access:
   Children have the right to a free public K-12 education. Schools cannot ask about immigration status during enrollment.
5. Healthcare Access:
   Undocumented individuals can seek emergency medical care under federal law and may qualify for local programs that provide healthcare services.

Post-Election Changes

Changes to immigration policies, such as Deferred Action for Childhood Arrivals (DACA), deportation priorities, or pathways to citizenship, will be shaped by the new administration and Congress. Advocacy organizations and immigration attorneys can help interpret the new laws and policies.

Resources and Support

• Legal Aid: Organizations like the ACLU and local immigrant rights groups offer legal advice and representation.
• Community Centers: Provide assistance with housing, healthcare, and navigating local services.
• Know Your Rights: Educational campaigns help undocumented immigrants to understand and assert their rights during interactions with law enforcement or immigration authorities.

Additional Considerations for the Undocumented Post-Election

Elections, especially presidential ones, can bring changes in immigration enforcement, administrative policies, and legislative priorities. It is important for undocumented immigrants to stay informed and know how to respond to the evolving circumstances. Below are further insights:

Deferred Action and Temporary Programs

Some undocumented immigrants are benefiting from temporary protections:

• Deferred Action for Childhood Arrivals (DACA): Protects eligible young people from deportation and allows work authorization. While the election may impact DACA’s future, beneficiaries will maintain protection until their status is officially changed.
• Temporary Protected Status (TPS): Offered to some immigrants from countries that are experiencing humanitarian crises, providing temporary residency and work authorization.

Community Safety Plans

1. Family Preparedness Plans:
   • Families can create safety plans in case of detention or deportation, including a plan to identify trusted guardians for children and organize key documents (e.g., birth certificates, medical records).
2. Legal Representation:
   • Establish a relationship with immigration attorneys or community legal aid groups.  This will be crucial for potential legal challenges.
3. Local Sanctuary Policies:
   • Many cities and states have “sanctuary” policies that limit local law enforcement’s cooperation with federal immigration authorities. Understanding these policies can provide additional security.

Civic Participation and Advocacy

Undocumented immigrants may not vote, but they can engage in their communities in meaningful ways:

1. Advocacy Work: Join immigrant rights groups to push for inclusive policies and protections.
2. Educating Allies: Share stories and experiences to raise awareness and foster supportive networks.
3. Community Organizing: Participate in local initiatives that promote rights for all residents, regardless of status.

Steps to Protect and Empower Yourself

1. Stay Updated on Policy Changes:
   • Reliable news sources, immigration advocacy organizations, or community groups can provide updates on policy changes. Laws and executive orders will impact immigration enforcement and available protections
2. Seek Legal Counsel:
   • Connect with trusted immigration attorneys or nonprofits offering free or low-cost legal assistance, such as the National Immigration Law Center (NILC), Catholic Legal Immigration Network (CLINIC), or United We Dream.
   • Verify the credentials of anyone offering legal advice to avoid scams targeting vulnerable individuals.
3. Prepare Documentation:
   • Keep important documents in a secure but accessible location, such as passports, birth certificates, immigration papers, and evidence of U.S. residency (e.g., rental agreements, utility bills).
4. Know Your Rights in the Workplace:
   • Learn about protections from wage theft, unsafe working conditions, and retaliation for reporting labor law violations. Seek help from worker advocacy organizations if needed.
5. Connect with Local Support Networks:
   • Many community-based organizations offer support with food, shelter, healthcare, and other necessities. These networks can be invaluable during times of uncertainty or economic hardship.

Immigration Law Offices of Hadley Bajramovic have been helping immigrants to the United States since 2009.  Hadley Bajramovic is an established leader in the field of immigration law serving the local and international immigrant community. She has been recognized for her work by notable and respected elected officials including United States Congressmen Mark Takano and Pete Aguilar. She also serves on immigration advisory boards for both Congressman Takano and Congressman Aguilar.

For more information about how the Immigration Law Offices of Hadley Bajramovic can help you call (951) 588-9838 or to schedule a booking CLICK HERE!