What Rights Do Non-U.S. Citizens Have? An Immigration Law Overview

Understanding the differences between immigration statuses is important because legal protections, benefits, and future opportunities often depend on a person's classification under U.S. immigration law.

Lawful Permanent Residents (Green Card Holders)

Lawful Permanent Residents (LPRs), commonly known as green card holders, are authorized to live and work permanently in the United States. They enjoy many of the same legal protections as citizens but cannot vote in federal elections.

As of 2024, the United States was home to an estimated 12.8 million green card holders. Nearly 9 million were eligible to apply for U.S. citizenship through the naturalization process.

Most permanent residents obtain green cards through family sponsorship, employment opportunities, humanitarian programs, or other pathways established by federal immigration law.

Temporary Visa Holders

Temporary visa holders are admitted to the United States for a specific purpose and period. This group includes international students, temporary workers, tourists, business travelers, and exchange visitors.

Their rights and activities are tied to the conditions of their visa. For example, many employment-based visa holders can legally work, while student visa holders must follow separate rules governing employment and study.

Although some temporary visas can lead to permanent residence, many are designed for short-term stays and require individuals to maintain compliance with immigration regulations.

Refugees and Asylees

Refugees and asylumes receive protection because they cannot safely return to their home countries due to persecution or a well-founded fear of persecution based on protected grounds recognized under U.S. and international law.

The Refugee Act of 1980 established the modern framework for refugee admissions and asylum protection in the United States. Individuals granted asylum or refugee status are generally permitted to live and work legally in the country and may later apply for lawful permanent residence.

These humanitarian protections remain an important part of the U.S. immigration system, though eligibility requirements and enforcement policies continue to evolve.

Undocumented Immigrants

Undocumented immigrants are individuals living in the United States without lawful immigration status or whose authorized stay has expired. While they do not have legal permission to remain in the country, they are still protected by certain constitutional and legal rights.

The American Immigration Council notes that U.S. immigration law provides limited legal pathways for many people seeking to immigrate, contributing to the complexity of unauthorized immigration.

Despite lacking legal status, undocumented immigrants may still access due process protections and other rights recognized under U.S. law, which will be discussed later in this guide.

How the U.S. Immigration System Determines Legal Status

U.S. immigration law provides several pathways for foreign nationals to obtain temporary or permanent legal status. The system is primarily built around family relationships, employment opportunities, humanitarian protections, and temporary visa categories.

In fiscal year 2024, the United States granted about 1.4 million green cards. Family sponsorship remained the largest pathway, while employment-based and humanitarian categories also played major roles in determining who could live permanently in the country.

Family-Based Immigration Pathways

Family reunification remains the foundation of the U.S. immigration system. U.S. citizens and lawful permanent residents can sponsor certain relatives for permanent residence, including spouses, children, parents, and some siblings.

According to 2024 federal data, 49% of all new green card recipients were immediate relatives of U.S. citizens, while another 14% received green cards through family preference categories subject to annual limits. Together, family-based immigrants accounted for the majority of new lawful permanent residents.

Employment-Based Immigration Pathways

Employment-based immigration allows U.S. employers to sponsor foreign workers for temporary or permanent jobs when specific eligibility requirements are met. These visas cover everyone from highly skilled professionals to investors and certain specialized workers.

In FY 2024, about 13% of new green card holders obtained permanent residence through employer sponsorship or self-petitioned employment categories. Employment-based pathways remain an important option for filling workforce needs and attracting global talent.

Humanitarian Immigration Programs

Humanitarian programs provide protection to individuals fleeing persecution, conflict, or other dangerous conditions. The most common forms of humanitarian relief include refugee resettlement and asylum.

Humanitarian pathways represented a significant share of new permanent residents in FY 2024. Data show that 28% of people who received green cards that year adjusted from refugee or asylum status, highlighting the continued role of humanitarian protections within the immigration system.

Temporary Nonimmigrant Visas

Not all immigrants enter the United States with plans to stay permanently. Nonimmigrant visas allow foreign nationals to visit, study, work, conduct business, or participate in exchange programs for a limited period.

These visas do not automatically lead to permanent residence, although some holders may later qualify for another immigration category. The American Immigration Council notes that temporary visa programs remain one of the core components of the U.S. immigration framework.

Constitutional Rights Available to Non-U.S. Citizens

A common misconception is that constitutional protections apply only to U.S. citizens. In reality, many rights guaranteed by the Constitution extend to all persons within the United States, including lawful immigrants, visa holders, refugees, and undocumented individuals.

The U.S. Supreme Court has repeatedly held that key constitutional safeguards apply regardless of citizenship status. While immigration status can affect certain benefits and privileges, it does not eliminate fundamental legal protections.

Due Process Protections

The Fifth and Fourteenth Amendments guarantee that no person can be deprived of life, liberty, or property without due process of law. The Constitution uses the word "person," not "citizen," making this protection broadly applicable.

Key due process protections include

• The right to receive notice of legal proceedings.

• The opportunity to present evidence and arguments.

• Protection against arbitrary government actions.

• The right to a fair hearing before an immigration judge in many removal cases.

These protections are especially important in immigration proceedings, where decisions can affect a person's ability to remain in the United States.

Freedom of Speech and Religion

Non-U.S. citizens generally enjoy First Amendment protections while living in the United States.

These protections include:

• Freedom of speech and expression.

• Freedom to practice religion.

• Freedom of peaceful assembly.

• Freedom to petition the government.

Whether someone is a green card holder, student, temporary worker, or undocumented immigrant, the government cannot deny these constitutional protections solely because of immigration status.

Protection Against Unreasonable Searches and Seizures

The Fourth Amendment protects individuals from unreasonable government searches and seizures.

Non-citizens are generally protected against:

• Unlawful searches of their homes.

• Unreasonable detention by government authorities.

• Searches conducted without proper legal authority.

However, immigration enforcement operates under certain exceptions, particularly near international borders and ports of entry, where federal authorities have broader inspection powers.

Equal Protection Under the Law

The Equal Protection Clause requires governments to apply laws fairly and consistently.

In practice, this means:

• Individuals cannot be treated differently solely because of race or national origin.

• State and local governments must follow constitutional standards when enforcing laws.

• Courts can review actions that unfairly target specific groups.

One of the most notable examples is the Supreme Court's 1982 decision in Plyler v. Doe, which held that states cannot deny public K-12 education to children based on their immigration status.

Rights of Green Card Holders in 2026

Lawful Permanent Residents, commonly known as green card holders, enjoy some of the strongest legal protections available to non-U.S. citizens. They can live permanently in the United States, work without employer sponsorship, and access many of the same opportunities available to citizens.

According to federal data, more than 12 million lawful permanent residents were living in the United States in recent years, making them one of the largest non-citizen groups in the country. Many eventually become eligible to naturalize and obtain U.S. citizenship.

Living and Working Permanently in the United States

A green card grants the right to reside permanently in the United States. Unlike temporary visa holders, lawful permanent residents are not limited to a specific employer, school, or temporary purpose for remaining in the country.

Green card holders may accept employment in most industries, start businesses, purchase property, and move freely between states. They can also travel internationally, although extended absences from the United States may raise questions about whether they have maintained permanent residence.

Eligibility for Certain Benefits

Lawful permanent residents may qualify for a range of federal, state, and local benefits, though eligibility often depends on residency requirements and specific program rules.

Green card holders can generally obtain Social Security numbers, work legally, and access certain public services. Some federal benefit programs impose waiting periods or additional eligibility conditions, while others may be available immediately after obtaining permanent resident status.

Because benefit rules can vary, eligibility is often determined by factors such as income, length of residence, age, disability status, and the type of program involved.

Path to U.S. Citizenship

One of the most significant advantages of permanent resident status is the opportunity to pursue U.S. citizenship. In most cases, green card holders may apply for naturalization after five years of permanent residence, or after three years if married to a U.S. citizen and meeting other requirements.

According to recent estimates, nearly 9 million lawful permanent residents are currently eligible to naturalize. Becoming a citizen provides additional rights, including the ability to vote in federal elections, obtain a U.S. passport, and sponsor a wider range of family members for immigration benefits.

Naturalization also offers greater protection from removal and allows immigrants to participate fully in the country's civic life.

Responsibilities and Limitations

Although green card holders enjoy broad rights, permanent residence comes with important responsibilities. Residents must obey federal, state, and local laws, file required tax returns, and keep their immigration records current.

Permanent resident status is not unconditional. Certain criminal convictions, immigration violations, or actions that suggest abandonment of U.S. residence can place a green card holder at risk of removal proceedings.

Unlike U.S. citizens, lawful permanent residents generally cannot vote in federal elections and may be restricted from holding certain government positions that require citizenship. Despite these limitations, green card holders remain among the most protected and secure categories of non-citizens under U.S. immigration law.

Rights of Temporary Visa Holders

Not every non-citizen in the United States is a permanent resident. Millions of people enter the country each year on temporary visas for work, education, business, tourism, or cultural exchange. Their rights depend largely on the type of visa they hold and the conditions attached to it.

According to the American Immigration Council, the U.S. immigration system includes dozens of nonimmigrant visa categories designed for individuals who intend to stay in the country temporarily. While these visas do not provide permanent residence, holders are still protected by many constitutional and legal rights while they are lawfully present in the United States.

Employment and Study Authorization

Temporary visa holders may be authorized to work, study, or both, depending on their visa classification.

For example:

• Employment-based visa holders can generally work only for the sponsoring employer listed in their petition.

• International students on academic visas are primarily authorized to study and may face restrictions on employment.

• Exchange visitors must comply with the terms of their approved program.

Visa holders are also protected by federal labor laws and workplace safety regulations while employed in the United States. Employers must generally follow wage, workplace, and anti-discrimination requirements regardless of a worker's nationality.

Travel and Reentry Rights

Many temporary visa holders can travel outside the United States and return, but reentry is never automatic.

Several factors may affect admission at the border:

• The visa must remain valid at the time of return.

• The traveler must continue meeting the requirements of their visa category.

• Immigration officers may review eligibility upon arrival.

A valid visa allows an individual to seek admission to the United States, but final entry decisions are made by federal immigration authorities at ports of entry.

Maintaining Lawful Status

One of the most important responsibilities for temporary visa holders is maintaining lawful status throughout their stay.

This generally requires individuals to:

• Follow the conditions of their visa category.

• Avoid unauthorized employment.

• Maintain enrollment if studying under a student visa.

• Depart the United States before their authorized stay expires unless an extension or status change is approved.

Failing to comply with visa requirements can result in loss of status, future immigration complications, or difficulties obtaining visas and immigration benefits later.

For many immigrants, temporary visas serve as the first step in their U.S. journey. Understanding both the rights and obligations attached to these visas is essential for remaining compliant with immigration law and preserving future opportunities.

What Rights Do Undocumented Immigrants Have?

Immigration status affects what benefits and opportunities a person may receive, but it does not erase basic legal protections. Undocumented immigrants living in the United States remain protected by several constitutional rights and federal laws, particularly in areas involving workplace safety, education, due process, and discrimination.

According to estimates from the American Immigration Council and other immigration research organizations, millions of undocumented immigrants live and work in the United States. Although they lack lawful immigration status, courts have repeatedly recognized that many legal protections apply to all persons within the country, not only citizens or permanent residents.

Workplace Rights and Labor Protections

Undocumented immigrants are an important part of the U.S. workforce and are generally covered by many federal and state labor laws. Employers must comply with workplace safety standards and wage requirements regardless of a worker's immigration status.

Workers may still have legal protections related to unpaid wages, unsafe working conditions, workplace injuries, and certain forms of exploitation. Federal labor laws are intended to prevent employers from gaining an unfair advantage by violating the rights of vulnerable workers.

At the same time, immigration status can affect the remedies available in some employment-related cases, making legal outcomes more complex than those involving authorized workers.

Access to Education and Emergency Services

Undocumented immigrants have limited access to many federal public benefit programs, but important exceptions exist. One of the most significant protections involves access to public education.

In the landmark 1982 Supreme Court case Plyler v. Doe, the Court ruled that states cannot deny free public K–12 education to children based on immigration status. As a result, undocumented children have the right to attend public elementary and secondary schools across the United States.

Federal law also requires hospitals participating in Medicare to provide emergency medical screening and stabilizing treatment to individuals facing emergency health conditions, regardless of their immigration status or ability to pay.

Due Process in Immigration Proceedings

Undocumented immigrants are entitled to due process protections under the U.S. Constitution. Immigration authorities cannot simply remove someone without following legal procedures established by federal law.

Depending on the circumstances of a case, individuals may have the opportunity to appear before an immigration judge, review evidence presented against them, and seek forms of relief that could allow them to remain in the country.

Although immigration proceedings are civil rather than criminal, the consequences can be significant. Due process protections help ensure that removal decisions are made through established legal procedures rather than arbitrary government action.

Protection From Discrimination

Undocumented immigrants are also protected by various anti-discrimination laws. Federal and state laws prohibit discrimination in certain settings based on factors such as race, color, national origin, religion, sex, disability, and other protected characteristics.

Schools, employers, housing providers, and government agencies generally cannot deny services or opportunities solely because of a person's ethnicity or national background. Courts have consistently recognized that equal protection principles extend beyond citizenship and apply to many individuals living within the United States.

While immigration status may affect eligibility for specific programs or benefits, it does not eliminate a person's right to be treated fairly under the law. These protections remain an important part of the legal framework governing the rights of undocumented immigrants in America.

Rights During ICE Encounters and Immigration Enforcement

Interactions with immigration authorities can be stressful and confusing, especially for individuals who are unfamiliar with the legal process. However, immigration enforcement actions are still subject to constitutional and legal safeguards that help protect individuals from unlawful treatment.

Knowing these rights can make a significant difference during encounters with officers from U.S. Immigration and Customs Enforcement (ICE). While the exact protections may vary depending on the situation, several important rights apply regardless of immigration status.

Right to Remain Silent

One of the most important protections during an ICE encounter is the right to remain silent. Individuals generally do not have to answer questions about where they were born, how they entered the United States, or their immigration status.

Key points to remember include:

• A person may choose not to answer questions that could be used against them.

• Remaining silent does not automatically imply guilt.

• Individuals should avoid providing false information or fake documents.

Exercising the right to remain silent can help ensure that important decisions are made after obtaining legal advice rather than during a stressful interaction with enforcement officers.

Right to Speak With an Attorney

People facing immigration enforcement actions have the right to seek legal counsel. Although the government is generally not required to provide a free attorney in immigration proceedings, individuals may hire a lawyer or seek assistance from qualified legal service organizations.

Important considerations include:

• A person can request time to contact an attorney.

• Legal representation can help explain available options and defenses.

• Attorneys may assist with bond hearings, court proceedings, and applications for immigration relief.

Because immigration law is highly complex, professional legal guidance is often critical when responding to enforcement actions.

Rights During Home and Workplace Searches

ICE officers do not automatically have the authority to enter private areas of a home. In many situations, entry into a residence requires either consent from an occupant or a judicial warrant signed by a judge.

When dealing with searches, individuals should understand that:

• Residents may ask officers to identify themselves.

• A judicial warrant can be reviewed before allowing entry.

• Consent to enter a home is generally voluntary.

• Different rules may apply in public spaces and certain workplace settings.

Workplace enforcement actions can involve both employers and employees, but constitutional protections continue to apply during these operations.

Understanding Detention and Removal Procedures

Detention does not automatically mean deportation. Many immigration cases involve legal proceedings before a final decision is reached.

The process may include:

• Detention by immigration authorities.

• Review of immigration records and eligibility.

• Hearings before an immigration judge in qualifying cases.

• Opportunities to request certain forms of relief from removal.

• Appeals in some circumstances after a decision is issued.

Individuals placed in removal proceedings may have options depending on their immigration history, family relationships, humanitarian circumstances, or other factors recognized under U.S. immigration law.

Can Non-U.S. Citizens Be Deported?

Yes, non-U.S. citizens can be deported if they violate immigration laws or become removable under federal law. However, deportation is not automatic. In many cases, individuals are entitled to legal proceedings where they can challenge the government's claims and seek relief that may allow them to remain in the United States.

The deportation process, officially known as "removal," applies to a wide range of non-citizens, including temporary visa holders, lawful permanent residents, and undocumented immigrants. Whether someone can be removed depends on the facts of the case, immigration history, and applicable legal protections.

Common Grounds for Removal

Federal immigration law outlines several reasons why a non-citizen may be placed in removal proceedings. The most common grounds involve immigration violations, criminal offenses, or failure to comply with the conditions of a visa or immigration status.

Individuals may face removal if they entered the country without authorization, remained beyond an authorized period of stay, violated visa conditions, or committed certain crimes identified under immigration law. In some situations, even lawful permanent residents can become removable if they are convicted of specific offenses.

Each case is evaluated individually, and the government must generally establish that a person is removable under the law before deportation can occur.

Immigration Court Proceedings

Most removal cases are handled through the immigration court system overseen by the Executive Office for Immigration Review (EOIR). Proceedings typically begin when the government files a Notice to Appear, which outlines the allegations and legal grounds for removal.

During court proceedings, individuals have the opportunity to respond to the charges, present evidence, and argue why they should be allowed to remain in the United States. An immigration judge reviews the facts, considers applicable laws, and ultimately decides whether removal is warranted.

Because immigration court cases can involve complex legal issues, many individuals seek legal representation to help navigate the process and protect their rights.

Defenses and Relief From Deportation

Being placed in removal proceedings does not necessarily mean deportation will occur. U.S. immigration law provides several forms of relief that may allow eligible individuals to remain in the country.

Depending on the circumstances, a person may qualify for asylum, cancellation of removal, adjustment of status, waivers for certain immigration violations, or other humanitarian protections. Eligibility often depends on factors such as family relationships, length of residence, fear of persecution, criminal history, and overall immigration record.

The availability of relief varies from case to case, making legal guidance especially important when facing deportation proceedings.

Appeals and Review Options

Individuals who receive an unfavorable decision from an immigration judge may have additional legal options available. In many cases, they can appeal to the Board of Immigration Appeals (BIA), which reviews whether the immigration judge correctly applied the law.

Certain cases may also be reviewed by federal courts if legal errors or constitutional issues are involved. Appeals do not guarantee that a decision will be overturned, but they provide an additional layer of review within the immigration system.

These review processes help ensure that removal decisions are subject to legal oversight and that individuals have opportunities to challenge decisions they believe were made incorrectly. As a result, deportation cases often involve multiple stages before a final outcome is reached.

Immigration Updates for Non-Citizens in 2026

Immigration policy remains one of the fastest-changing areas of federal law in 2026. New executive actions, agency directives, visa processing updates, and enforcement initiatives have created a more complex environment for immigrants, employers, students, and families.

According to the Migration Policy Institute, the administration implemented more than 500 immigration-related actions during its first year, affecting both legal immigration pathways and enforcement practices.

For non-citizens, staying informed is no longer optional. Policy shifts can influence everything from visa eligibility and travel plans to work authorization and green card processing.

Enforcement Priorities

One of the most noticeable developments in 2026 has been the continued focus on immigration enforcement. Federal agencies have expanded the use of worksite investigations, compliance audits, detention operations, and immigration status reviews. Enforcement efforts have increasingly relied on data-sharing systems and background screening tools.

Key areas receiving increased attention include:

• Workplace compliance and employer audits.

• Immigration status violations and overstays.

• Expanded background and security screening.

• Increased use of detention and removal procedures in certain cases.

At the same time, enforcement priorities continue to evolve as court rulings, agency guidance, and political decisions reshape how immigration laws are applied across the country.

Legal and Policy Developments

Beyond enforcement, several policy changes have affected legal immigration pathways. Government agencies have issued new guidance impacting visa processing, employment-based immigration, and adjustment-of-status procedures. Some applicants may face additional documentation requirements, longer reviews, or revised eligibility standards depending on their immigration category.

Several important developments include:

• Updated processing procedures for certain green card applicants.

• Changes affecting employment-based visa programs.

• Expanded security and background vetting measures.

• Ongoing revisions to USCIS policy guidance and adjudication practices.

The U.S. Department of State's FY 2026 immigration limits continue to allow up to 226,000 family-sponsored preference visas and at least 140,000 employment-based immigrant visas annually, making these pathways important options for eligible applicants.

What Immigrants Should Monitor Going Forward

Because immigration policy can change through executive action, agency guidance, legislation, or court decisions, immigrants should closely monitor official government announcements and case-processing updates.

Areas worth watching include:

• Changes to visa eligibility and processing requirements.

• Updates to work authorization programs.

• New enforcement directives from DHS and ICE.

• Green card and naturalization processing policies.

• Federal court rulings that could affect immigration benefits.

For many non-citizens, the biggest challenge in 2026 is not simply understanding current rules but keeping up with how quickly those rules can change. Staying informed and responding promptly to official notices can help immigrants protect their status and avoid unexpected complications.

Common Misconceptions About Non-Citizen Rights

Many people assume non-citizens have few or no legal protections in the United States. In reality, immigration status affects certain benefits and privileges, but many constitutional rights apply to non-citizens as well.

Understanding these common misconceptions can help separate legal facts from widespread myths.

Do Constitutional Rights Apply Only to Citizens?

No. Many constitutional protections apply to all persons in the United States, not just citizens. These include rights such as due process, freedom of speech, freedom of religion, and protection against unreasonable searches and seizures.

While some rights, such as voting in federal elections, are reserved for citizens, many fundamental legal protections extend to non-citizens.

Can Green Card Holders Be Deported?

Yes. A green card allows someone to live and work permanently in the United States, but it does not guarantee protection from deportation.

Certain criminal convictions, immigration violations, or fraud-related offenses can place a lawful permanent resident in removal proceedings.

Do Undocumented Immigrants Have Legal Protections?

Yes. Undocumented immigrants still have important legal protections under U.S. law. These may include due process rights, workplace protections, access to public K–12 education for children, and protection from certain forms of discrimination.

Although immigration status affects eligibility for many benefits, it does not eliminate basic legal rights.

What Non-U.S. Citizens Should Know to Protect Their Rights

Knowing your rights is important, but protecting those rights also requires staying informed and complying with immigration laws. Small mistakes, missed deadlines, or outdated records can sometimes lead to unnecessary complications.

Taking proactive steps can help non-citizens maintain their status, respond to legal issues more effectively, and avoid problems that could affect future immigration benefits.

Keeping Immigration Records Updated

Non-citizens should keep copies of important immigration documents and ensure that government agencies have current contact information when required.

Accurate records can help prevent missed notices, delays in processing, and complications related to visa renewals, green card applications, or other immigration benefits.

Understanding Legal Obligations

Every immigration status comes with specific responsibilities. Visa holders must follow the conditions of their visas, while permanent residents must comply with applicable immigration and tax laws.

Understanding these obligations can help individuals avoid violations that could affect their ability to remain in the United States or qualify for future immigration benefits.

Seeking Qualified Legal Assistance

Immigration laws and policies can change frequently, making professional guidance valuable in many situations. Individuals facing immigration challenges, enforcement actions, or complex applications may benefit from consulting a qualified immigration attorney or accredited legal representative.

Reliable legal advice can help non-citizens understand their options, protect their rights, and make informed decisions about their future in the United States.

The information on this page is for general informational and educational purposes only. It does not constitute legal advice and should not be relied upon as such. Immigration laws and policies change frequently. Always consult a licensed immigration attorney or accredited representative before making any immigration decisions.

Last Updated: [30 June 2026] — This article reflects information available as of [30 June 2026]. Policies may have changed. Check USCIS.gov for the most current guidance.