Expert: Michael Troy - 9/6/2006

Question
What law(s) are you basing your answer on that people in this country illegally have the same basic rights as aliens that are here legally?

Answer
Basic Constitutional rights, such as the rights of free speech, freedom of religion, due process, etc. are rights guarenteed to every person within the jurisdiction of the Constition.  The Supreme Court has said this on numerous occasions and it is a well established and largely uncontroversial cornerstone of constitutional laws.  See, for example, Shaughnessy v. Mezei, 345 U.S. 206, 212 (1953); Wong Wing v. United States, 163 U.S. 228, 238 (1896); Yick Wo v. Hopkins, 118 U.S. 356, 369 (1886); Mathews v. Diaz, 426 U.S. 67, 77 (1976); and Plyler v. Doe, 457 U.S. 202 (1982)  

There are also basic statutory rights that immigrants have.  For example if an employer pays an employee below minimum wage, or violates other labor laws, that illegal alien has the right to sue and collect damages.  There very practical problem, of course, is that even though they could win the suit, the law becomes aware of their illegal status and they can be deported and fined.  It is for this reason that most illegal aliens do not assert their rights.  Similarly illegal aliens have a right to attend public schools where they are residents.  

I hope this helps!
- Mike