Undocumented Immigrants in Minnesota – What Rights Do They Have?

This may be a question that many people may ask.

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After watching on the news how some undocumented people being detained, and listening to them state that they have rights, and those rights need to be recognized, I wanted to know what those rights are.

After doing just a little bit of research, I did find a list of rights that undocumented immigrants have in Minnesota, and the United States.  

WHAT EXACTLY ARE THEIR RIGHTS?

• Right to Due Process: They have the right to be heard in court, and have a hearing before being kicked out of the country. 
  
• Right to Be With Family 
  
• Protection Against Unreasonable Searches and Seizures: This is the same as everyone else. 
  
• Right to Education: They have the right to public education
  
• Right to Remain Silent: They don't have to answer questions for local authorities or immigration representatives
  
• Right to Refuse Searches
  
• Right to Legal Representation: Just like everyone else, they can consult with an attorney. 
  
• Right to a Driver's License: A law went into effect in Minnesota that allows undocumented immigrants to obtain a driver's license. 
  
• Access to MinnesotaCare: Even if you are an undocumented immigrant, you can still have state provided health care
  
• Limited Access to Public Benefits: Undocumented immigrants are generally ineligible for many federal public benefits. 

CAN THEY STILL BE DEPORTED?

They can still be deported.  That is after they have a hearing that determines that they really are not supposed to be here. The authorities still need to figure out why they are here.  But they do not have all of the federal rights that American citizens do have.

From the Minnesota Legislative Refrence Library:

Minnesota's foreign-born population includes a large number of refugees who have settled in the state. Hmong refugees began arriving in Minnesota in the mid-1970s, when the country of Laos was taken over by communist powers. Somali refugees began coming to Minnesota in the early 1990s after the collapse of the Somali government resulted in extreme violence. Minnesota has the second largest Hmong population (as of 2025) and largest Somali population (as of 2023) in the United States.

Bottom line is that everyone needs to be treated fairly according to the constitiution and handled appropriately.