Do Undocumented Immigrants Have Constitutional Rights in the United States?

This question keeps coming up for one simple reason. Many people believe constitutional rights only apply to U.S. citizens. When immigration enforcement increases, that belief gets repeated loudly and confidently.

It is also incorrect.

This matters because confusion about rights causes people to make bad decisions during law enforcement encounters. Talking when you should not. Letting officers inside when you do not have to. Signing documents without understanding what they mean. Those mistakes can follow someone for life.

The Short Answer

Yes. Undocumented people Do Have Constitutional Rights while they are physically in the United States.

Those rights do not always work the same way they do in criminal cases. Immigration law is different. But the Constitution does not disappear because someone lacks lawful status.

This is not political messaging. No matter where someone falls on the political spectrum, we can all agree that fundamental constitutional rights matter. These protections exist to limit government power and ensure individual freedom. They mattered yesterday, they matter today, and they will matter tomorrow.

Why So Many People Think the Answer Is No

Most people learn about rights through criminal cases.

They think about Jury Trials. Public defenders. Miranda Warnings. Bail Hearings. Suppression Motions.

Immigration enforcement usually does not involve any of that. Immigration cases are usually civil, not criminal. Because the process looks different, people assume the rights are gone.

They are not gone. They just work differently.

What the Constitution Actually Covers

The Constitution does not say its protections only apply to citizens.

Many parts of the Constitution use the word people, not citizens. Courts have taken that language seriously.

The Supreme Court has said many times that constitutional protections apply to people who are physically present in the United States, even if they are here unlawfully.

Cases like Plyler v. Doe and Zadvydas v. Davis confirm this. You can find summaries of those decisions through Cornell Law School’s Legal Information Institute.

This is settled law.

What Rights Undocumented People Still Have

• Undocumented individuals still have protection against unreasonable searches and seizures.

• They still have the right to remain silent.

• They still have due process rights before being detained or deprived of liberty.

• They can refuse consent to unreasonable searches.

• They can record law enforcement activity in public as long as they do not interfere.

These rights apply whether the encounter involves local police, federal agents, or ICE.

Why Immigration Feels Different

Here is where most confusion happens.

Immigration enforcement is usually civil. Criminal prosecution is criminal. That difference matters.

In immigration cases, there is no right to a government-appointed attorney. A person can be detained or removed without being charged with a crime. Silence does not stop civil consequences. Evidence rules are looser.

People see these differences and assume there are no rights. That is not true. The rights exist, but the remedies are more limited.

Rights Do Not Stop Enforcement

Having rights does not mean enforcement cannot happen.

Citizens with full constitutional protections are arrested and jailed every day. Rights limit how the government acts. They do not eliminate government authority.

The same is true in immigration enforcement. ICE can detain people even when rights exist. The question is whether officers stay within legal limits when they do so.

ICE Still Has Legal Limits

ICE does not have unlimited power.

Courts have said that even in public places, immigration officers must meet legal standards before making warrantless arrests. That includes having probable cause and believing the person might flee.

Administrative warrants signed by ICE officials do not allow entry into homes. Entering a private residence usually requires a judge-signed warrant. These limits are explained by the Congressional Research Service, which outlines how immigration enforcement authority works.

Explaining the law does not mean assuming it is always followed. It means explaining what is supposed to happen.

Why This Matters in Real Life

Most rights violations are quiet.

They look like officers entering a home without proper authority. Questioning someone without explaining whether they are free to leave. Pressuring people to sign documents quickly. Writing reports that leave out key details.

These issues do not make headlines. They are exactly what defense attorneys look for in real cases.

This applies in standard Criminal Defense cases and in cases where immigration consequences follow a criminal charge.

Practical Takeaway

Undocumented status does not erase the Constitution. Rights still exist. They just operate differently in immigration cases. Enforcement can still happen.

Knowing that balance helps people stay calm, avoid escalation, and avoid mistakes that create more problems than necessary.

For broader context, see the Criminal Defense Overview page. For ICE-specific encounters, this is addressed in detail in Know Your Rights if You Encounter ICE in Columbus.

Final Thought

This issue is not about opinion or politics. Courts have been clear that constitutional rights apply to people, not only citizens. Understanding where those rights apply, and where they narrow, helps individuals protect themselves without escalating a situation or causing unintended harm.

The real issue is how constitutional limits operate in practice. The existence of a constitutional protection does not guarantee it will be honored in the moment. When enforcement occurs without clear identification, names, or accountability, the risk of constitutional violations increases, while meaningful avenues to challenge or remedy those violations decrease.

Author’s note: Brandon Harmony is a Columbus Criminal Defense attorney. He is not an immigration attorney and does not provide immigration advice, including guidance on status or applications. He is available to explain general constitutional rights during law enforcement encounters at no cost for those who want additional clarity. Information is available at 614-212-4421 or at www.harmony-law.com