What Rights Do Undocumented Immigrants Have in New York?

Undocumented immigrants face unique challenges in every U.S. state, but New York offers more rights and protections than many realize. Whether you are an undocumented immigrant yourself or support someone navigating these complexities, understanding the legal landscape is crucial. 

The immigration law attorneys at The Law Offices of Diron Rutty, LLC will cover key rights of undocumented immigrants in New York, practical ways to exercise them, and why partnering with our experienced immigration attorneys is often a wise step.

Key Rights and Protections

New York is known for its progressive policies and commitment to protecting immigrant communities. Although federal immigration laws apply, undocumented immigrants in New York are covered by additional state and city protections. These laws provide access to critical services and legal recourse, empowering those without status to live with greater security.

1. The Right to Remain Silent

One of the most important rights for undocumented immigrants is the right to remain silent when questioned by police or immigration officers, including ICE. This right is enshrined in the Fifth Amendment of the U.S. Constitution and applies to everyone, regardless of immigration status.

What this means for you: 

• You are not obligated to answer questions about your immigration status, country of origin, or how you entered the United States.
• You can state, “I am exercising my right to remain silent,” if approached by law enforcement.
• You do not have to open your door to ICE unless they present a warrant signed by a judge.

2. Right Against Discrimination

Discrimination based on national origin or immigration status is prohibited under New York City Human Rights Law. This applies to key public spheres such as employment, housing, and public accommodations.

Examples of protection: 

• Employers cannot fire or refuse to hire someone based solely on undocumented status.
• Landlords cannot deny housing or evict tenants for being undocumented.
• Businesses must provide equal services and cannot deny entry because of perceived immigration status.

3. Right to Access Courts

All residents, regardless of immigration status, can use state and local courts in New York. Attending court for any legal matter, such as seeking a protective order or testifying as a witness, should not put you at risk of deportation.

Why this matters: 

• Immigrants can confidently report crimes and participate in legal proceedings.
• The court system is an avenue for protecting your rights and resolving disputes, including wage theft or landlord-tenant issues.

4. Right to Access Emergency Medical Care

Every individual in New York has the right to receive emergency medical care in hospitals. Federal law mandates that all hospitals receiving government funds must provide treatment during medical emergencies, regardless of the patient’s immigration or insurance status.

Additional resources: 

• Pregnant individuals may be eligible for Medicaid.
• Children can access programs like Child Health Plus.

5. Right to Education

New York provides free public education to all children and youth from ages 5 to 21, regardless of immigration status. This right is protected by state law and the 1982 Supreme Court case Plyler v. Doe.

How schools support this right: 

• School staff cannot ask about a student’s or parent’s immigration status as a condition for enrollment.
• All children are eligible for free or reduced-price lunch and other benefits.

6. Right to Apply for Driver’s Licenses

Thanks to the Green Light Law, undocumented immigrants in New York can obtain a standard driver’s license. This makes getting to work or school and meeting daily needs much easier, while also ensuring safer roads.

What you need: 

• Proof of identity and New York residency is required.
• Immigration status documents are not necessary to apply.

7. Right to Some Benefits

While there are federal restrictions on which benefits undocumented immigrants can receive, New York offers access to certain programs:

• Medicaid: Pregnant women can enroll regardless of status.
• Child Health Plus: Provides health coverage to children and teens.
• Head Start: Early childhood education programs are accessible regardless of immigration status.

8. Right to Free Speech and Protest

Undocumented immigrants have the right to participate in protests, demonstrations, and other forms of free speech. These rights are protected for all individuals, including those without legal status.

9. Right to Organize and Join Unions

All workers, regardless of status, have the right to organize, join a union, and advocate for better conditions. Retaliation for union activity is prohibited under federal and state laws.

The Role of Legal Guidance

Immigration law changes frequently. Even minor shifts in statutes, regulations, or court rulings can dramatically affect individuals and families. Experienced immigration attorneys stay informed about these changes and understand how they apply to each specific situation.

Working with a qualified lawyer can:

• Reduce anxiety and confusion about immigration laws and procedures.
• Ensure your rights are protected in legal and administrative proceedings.
• Help you avoid costly mistakes that could put your status or future at risk.

At The Law Offices of Diron Rutty, LLC, our years of experience mean clients have access to comprehensive, up-to-date legal advice and representation. Our attorneys take the time to personalize solutions, tailor strategies, and support families through every step of the immigration process. Contact us today to schedule a consultation to discuss your situation.