Immigrants’ Rights

Immigration Rights Attorney in New York

At Sykes and Associates, we are committed to protecting the dignity, freedom, and safety of immigrants and their families. For over a decade, our attorneys have successfully fought to uphold immigrant rights in federal and state courts, immigration proceedings, and civil rights actions.

Immigrants—regardless of documented status—have powerful constitutional and statutory protections. Our firm works tirelessly to enforce those rights, fight discrimination, and defend against unlawful government actions.

Constitutional Rights of Immigrants

The U.S. Constitution protects all “persons” in the United States, not only citizens. These protections apply equally to immigrants—documented and undocumented. The Pennsylvania Constitution provides similar guarantees.

Key Constitutional Protections:

• Fourth Amendment: Protection from unlawful searches and seizures by law enforcement.
• Fifth & Fourteenth Amendments: Right to due process of law before liberty, property, or life can be taken.
• Equal Protection Clause: Prohibition on discrimination based on race, ethnicity, or national origin.

Examples:

• Law enforcement may not enter a home without a valid warrant.
• An immigrant cannot be denied access to the courts because of status.
• Racial profiling by police or government agencies is unconstitutional.

Civil Rights Protections

Federal and state civil rights laws forbid discrimination in employment, education, housing, and public accommodations (restaurants, hotels, transportation). These laws apply to all people—regardless of immigration status.

Protected Characteristics:

• Race
• National origin
• Religion
• Sex
• Disability
• Age

Additional Protections for Immigrants:

• Public Education: Undocumented children are entitled to attend public schools.
• Housing Rights: Certain housing programs cannot exclude based on status.
• Employment Protections: Employers may not engage in “document abuse” by asking for more paperwork than legally required.

Examples:

• An employer refusing to hire a worker because they are foreign-born violates federal law.
• A landlord refusing to rent to an immigrant family based on status commits housing discrimination.

Labor & Employment Rights

Immigrants—regardless of documentation—are entitled to fair treatment in the workplace.

Key Labor Rights:

• Minimum wage and overtime pay under the Fair Labor Standards Act.
• Safe working conditions under OSHA.
• Right to organize and participate in union activity without retaliation.

Examples:

• A restaurant worker must be paid at least minimum wage plus overtime, regardless of immigration status.
• An immigrant construction worker injured on the job has the right to file OSHA complaints and workers’ compensation claims.
• Employers cannot threaten deportation to stop workers from organizing.

Immigration Defense & Relief

Our firm provides aggressive representation in immigration matters, including:

• Removal Defense: Protecting clients from deportation in immigration court.
• Asylum & Humanitarian Relief: Winning asylum, withholding of removal, and protection under the Convention Against Torture.
• Motions to Vacate (CPL § 440): Vacating wrongful or unconstitutional criminal convictions that threaten immigration status.
• Habeas Corpus Petitions: Securing release from unlawful or prolonged ICE detention.

Examples of Our Success:

• Obtaining asylum for survivors of gender-based and political persecution.
• Winning habeas petitions for clients held in ICE detention for months without due process.
• Restoring permanent residency after eliminating a defective criminal conviction through a CPL § 440 motion.

How We Fight for Immigrant Rights

At Sykes and Associates, we combine constitutional law, civil rights statutes, and immigration advocacy to protect our clients. We take on employers, landlords, government agencies, and prosecutors to enforce the rights of immigrants across Pennsylvania and New York.

We don’t just defend cases—we fight to ensure that immigrants and their families are treated fairly under the law.

Summary of Immigrant Rights

• Constitutional Rights: Due process, equal protection, and freedom from unlawful searches and seizures.
• Civil Rights Protections: Freedom from discrimination in work, housing, education, and public life.
• Labor Rights: Minimum wage, overtime, safe workplaces, and union organizing.
• Immigration Relief: Asylum, deportation defense, motions to vacate defective convictions, and habeas petitions for ICE detainees.

Call to Action

📞 Contact Sykes and Associates Today at (845) 406-1386.
If you or your loved one is facing deportation, workplace exploitation, or discrimination, our immigrant rights attorneys are here to help.

• Free initial consultation
• Offices in New York
• Over a decade of successful immigrant advocacy