Legal Protections
Maria, who is not a U.S. citizen, is accused of breaking a law. The government wants to punish her without giving her a chance to know the charges against her or defend herself. What constitutional protection can she exercise?
What is the right to due process?
Sofia works at a restaurant. Her employer requires her to operate dangerous equipment without proper safety equipment or training. Does her lack of U.S. citizenship automatically mean she has no workplace safety protections?
What is no? Noncitizens can have workplace safety protections.
Ahmed is a noncitizen who wants to purchase a house. His neighbor tells him that only U.S. citizens can own property. Is that statement automatically true?
What is no? Noncitizens can generally own property, subject to applicable laws.
Two adults legally marry. One spouse is not a U.S. citizen. A person tells them that noncitizens cannot legally marry in the United States. What is wrong with this statement?
What is that noncitizens can have the right to marry, subject to applicable law?
A noncitizen is accused of a serious crime and is told, "You aren't a citizen, so you don't get a trial by jury." What right is being questioned?
What is the right to a jury trial?
Police question Daniel about a crime and pressure him to answer questions that could incriminate him. Daniel chooses not to answer. What right is he exercising?
What is the right to remain silent?
A 12-year-old child who is not a U.S. citizen lives in the United States and wants to attend their local public school. The school says the child cannot attend because they aren't a citizen. What right is relevant?
What is the right to public education?
A noncitizen signs a legally valid contract to provide graphic design services. The other party refuses to honor the contract simply because the designer isn't a citizen. What legal concept is relevant?
What are contractual rights and protections?
A child is born in the United States to parents who are not U.S. citizens. Which constitutional principle is traditionally associated with the child's citizenship?
What is birthright citizenship under the Fourteenth Amendment?
A noncitizen is charged with a crime and cannot afford an attorney. They ask whether they can have legal representation. What right is relevant?
What is the right to a lawyer?
A noncitizen student wants to peacefully express an opinion about a political issue and practice their religion at home. A government official tells them they cannot do either because they aren't a citizen. What rights could the student invoke?
What are freedom of speech and freedom of religion?
After being seriously injured, Carlos goes to a hospital emergency room. The hospital refuses to provide emergency treatment solely because Carlos isn't a U.S. citizen. What protection or right is relevant?
What is access to emergency medical care?
A noncitizen who works legally in the United States pays taxes. They ask whether noncitizens can ever receive benefits connected to the taxes they pay. What should they understand?
What is that tax obligations and eligibility for particular taxpayer benefits are separate questions, and eligibility depends on the specific benefit and applicable law?
A noncitizen parent is concerned that their child is being abused or neglected. Someone tells them that they cannot seek protection from authorities because the family isn't made up of U.S. citizens. Is that correct?
What is no? Children and families can have legal protections regardless of citizenship status.
A foreign national is arrested in the United States. They want their country's consulate to know about their situation and potentially assist them. What is this process called?
What is consular notification?
Police enter a noncitizen's home and search through their belongings without a warrant, consent, or another recognized legal justification. What constitutional protection may apply?
What is protection against unreasonable/unlawful searches and seizures?
An employer tells an employee, "Because you aren't a citizen, I don't have to follow workplace safety laws or pay you according to applicable wage laws." The employee believes this is wrong. What should the employee know?
What is that noncitizen workers can still have important workplace protections?
A noncitizen purchases a car and signs a financing agreement. The seller later says, "You aren't a citizen, so the contract doesn't count." What should the buyer understand?
What is that citizenship alone does not automatically invalidate a contract or eliminate property rights?
A noncitizen spouse experiences domestic violence. Their partner threatens them by saying, "You can't report me because you're not a citizen." What should the victim know?
What is that noncitizens can seek protection from domestic violence and can report abuse?
Police stop someone and immediately begin searching through their belongings without consent or another legal justification. The person believes their privacy rights have been violated. What constitutional protection might be relevant?
What is protection against unreasonable searches and seizures?
Police accuse a noncitizen of a crime. They refuse to tell him what he is accused of, demand that he answer incriminating questions, and search his home without legal justification. Name three constitutional protections that could potentially apply.
What are due process, the right to remain silent, and protection against unreasonable searches and seizures?
A noncitizen employee is injured because their employer failed to provide required safety equipment. The employer threatens to fire them if they report the unsafe conditions, saying, "You have no rights because you're not a citizen." What is the biggest misconception in the employer's statement?
What is that noncitizens can still have legal protections in the workplace, including workplace safety protections?
A noncitizen owns a small business. A customer refuses to honor a valid contract, while a government official tells the owner that they cannot own property because they aren't a citizen. The owner wants to know whether both claims are automatically correct. What two areas of rights should they investigate?
What are property ownership rights and contractual/business rights?
A noncitizen parent is experiencing domestic violence and is afraid to contact authorities because their spouse threatens to have them deported. The parent also has a child who may be in danger. What two areas of protection should they consider?
What are protection against domestic violence and legal protections for children?
A noncitizen is arrested and accused of a crime. Officials tell them they don't need to explain the charges, don't need to allow them access to a lawyer, and don't need to inform their consulate because they aren't a citizen. Identify three rights or protections potentially implicated.
What are due process, the right to a lawyer, and consular notification?