Know Your Rights: Immigrant Youth

Being an immigrant youth in the United States right now can be really overwhelming and scary, especially if you’re worried about your status. It’s important for you to know that you still have constitutional rights. Knowing what those are can help you protect your safety.

This information is also available for download in the Know Your Rights Toolkit for Youth Experiencing Homelessness, pages 33-38.

Immigrant youth are young people who were born in another country and are living in the United States, including those who don’t have legal immigration status.

Many Constitutional and basic human rights that apply to American citizens also apply to people with undocumented status.

• The right to be free from discrimination on the basis of race, ethnic group identification, ancestry, national origin, color, religion, sex, mental or physical disability, or HIV status.
• The right to a lawyer, to due process, to fair treatment under the law, and to be free from unreasonable searches of personal belongings by law enforcement or other public systems.
• The right to stay in your public K-12 school, get transportation to school, and support to stay in school.
• The right to emergency medical care.
• The right to be in a fair, protected workplace, including to receive minimum wage, safe working conditions, and protection from some forms of labor exploitation.
• The right to be protected against unlawful searches of your home without permission or a valid warrant.
• If applicable, the right to protections under the Americans with Disabilities Act.

• The right to be free from discrimination on the basis of race, ethnic group identification, ancestry, national origin, color, religion, sex, mental or physical disability, or HIV status.
• The right to be protected against unlawful searches of your home without permission or a valid warrant.
• The right to live in a safe, healthy home and be provided with basic needs (meals, clothing, and medical care).
• The right to be free from physical abuse, sexual abuse, or neglect of your basic needs.

Sadly, there are some restrictions on access to government-funded shelters or housing programs for those with undocumented status. It depends on what kind of funding that program has, which determines what rules they have to follow.

Most short-term homeless shelters and domestic violence shelters accept everyone regardless of immigration status. But longer-term housing programs, like rental assistance vouchers, may have eligibility restrictions if they receive federal funding. Always call to check requirements before you seek out a program.

There are emergency homeless shelters that can help minors experiencing homelessness on their own, including immigrant youth. Search here to see if there’s a Runaway and Homeless Youth Act program in your area (click your state, Runaway and Homeless Youth, then look for a Basic Center Program). You can also call, chat, text, or email the National Runaway Safeline for help.

• The right to be free from discrimination on the basis of race, ethnic group identification, ancestry, national origin, color, religion, sex, mental or physical disability, or HIV status.
• The right to be free from physical abuse, sexual abuse, or neglect of your basic needs.
• The right to emergency medical care.

Sadly, people with undocumented status do not qualify for most federal health care benefits, like Medicaid, Medicare, or the Children’s Health Insurance Program (CHIP). In fact, there are new, stricter restrictions on federal health care benefit eligibility even for those with legal immigration status. Some states have special laws to use state money to give health care benefits to pregnant youth with undocumented status. You can see if your state might offer those benefits here.

Some other health care options for those with undocumented status include:

• Emergency care​​ Emergency rooms must help everyone, regardless of immigration status.
• Community health clinics​ These clinics may have no restrictions or fewer restrictions depending on what kind of funding they have.
• State-specific programs Some states use state funding to provide health care to those with undocumented status.

• The right to be free from discrimination on the basis of race, ethnic group identification, ancestry, national origin, color, religion, sex, mental or physical disability, or HIV status.
• The right to enroll in public K-12 school if you’re experiencing homelessness. The school can’t deny you enrollment, even if you don’t have a parent or guardian to help you. Every public K-12 school district has a homeless liaison to help you.
• The right to be provided with transportation, free meals, and other support you might need to stay in school, like supplies or tutoring.
• The right to participate in school activities, extracurriculars, and social activities. You can ask your school to waive any fees that might come with these.
• For immigrant K-12 students with disabilities, the right to a free, appropriate public K-12 education under the federal Individuals with Disabilities Education Act (IDEA).

K-12 students with undocumented status have the same rights to a free public education as students who are citizens. K-12 students with undocumented status are still guaranteed to be free from discrimination in schools, can access free homelessness services through the school’s homeless liaisons, and can get free disability services if needed. A federal law also states that schools aren’t allowed to share information about students’ immigration status with authorities without parent consent.

• The right to be in a fair, protected workplace, including to receive minimum wage, safe working conditions, and protection from some forms of labor exploitation.
• The right to be free from discrimination on the basis of race, ethnic group identification, ancestry, national origin, color, religion, sex, mental or physical disability, or HIV status.
• If applicable, the right to protections under the Americans With Disabilities Act.

Undocumented workers have almost all of the same rights as workers who are citizens. Your employer cannot deny you your guaranteed rights because of your undocumented status. If your rights are violated, you may still be able to report the problem or get legal help, no matter what your immigration status is.

• You can remain silent and request to speak with a lawyer.
• You don’t have to open doors without a valid judicial warrant.
• You don’t have to consent to a search of yourself, your belongings, or living space.
• You don’t have to answer questions about where you were born or your immigration status.
• You should not sign anything given to you by ICE without talking to a lawyer first.

Real Warrant​​​

• Signed by a U.S. Magistrate or Judge.
• The name, date, and address are correct.
• If you receive this warrant, only the person who the warrant is for needs to come out.

Fake Warrant​​

• Are usually signed by an ICE agent, not a judge. It could say something like, “Authorized Immigration Officer” or “U.S. Department of Homeland Security.”
• Might say something like, “Warrant for Arrest” or “Warrant for Removal” instead of a U.S. District Court’s name.
• If you receive this warrant, you do not have to come out or let them in your home.

See Examples Here​

• From Asylum Seeker Advocacy Project
• From Colorado Immigrant Rights Coalition
• From ACLU South Carolina

• Commission on Homelessness & Poverty. Homeless Youth Legal Network Immigration Resources. 2026.
• Housing Not Handcuffs. Resources to Protect Homeless Neighbors Against ICE. 2024.
• • Immigration Enforcement: Judicial Warrant Vs Administrative Warrant
• Know Your Rights 4 Immigrants. Emergency Plan. 2025.
• Immigrant Legal Resources Center. Family Preparedness Plan. 2025.