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​Six Things You Should Know About The Rights Of Immigrants

3/14/2017

 
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By Michael M. DiCicco | mdicicco@bathweg.com​
From a purely legal perspective, the term “immigrant” means one who intends to reside permanently in the United States. Thus, if one is in the United States on a student, work or tourist visa, he is not an immigrant. In common language, however, we generally refer to any person living in the United States who is not a citizen as an immigrant. Thus, the term immigrant as used here refers to ​a) legal permanent residents, a/k/a “green card holders” or documented immigrants, b) undocumented immigrants, and ​c) visa holders, that is, persons who do not intend to reside permanently in the United States. This article sets forth some of the rights that “immigrants” have because they live in the United States.
Below are six things you should know about the rights of immigrants:
1.         Constitutional Protections
Every person living in the United States, regardless of whether the person is a citizen, is entitled to the rights guaranteed by the United States Constitution. The First Amendment to the Constitution guarantees the rights of freedom of speech, religion and assembly. The Fourteenth Amendment to the Constitution provides that the Government shall not “deprive any person of life, liberty or property without due process of law; nor deny any person within its jurisdiction the equal protection of the laws.” These rights require that the Government treat all persons with fundamental fairness and not unfairly discriminate against any person. Immigrants, therefore, are entitled to due process and equal protection and have freedom of speech and religion and the right to assemble.

2.         Unlawful Search and Arrest
Immigrants are protected against unlawful searches and arrest. Law enforcement authorities are not permitted to search or arrest an immigrant unless there is probable cause. If a law enforcement official arrives at the front door, the immigrant does not have to let the official in unless he has a search warrant and does not have to speak to the official.

3.         Right to Remain Silent
When questioned by law enforcement officials, an immigrant may remain silent after disclosing his identity. The immigrant is not required to disclose any other information to law enforcement officials including where he was born or his legal status or be compelled to sign anything or produce any documents. The immigrant may say without repercussion: “I don’t want to talk until I speak with a lawyer.”
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4.         Rights at Deportation Hearing
Immigrants are entitled to a hearing before an immigration judge before they can be deported. The Government cannot seize an immigrant and send him to another country unless an immigration judge so decides. Immigrants are entitled to hire a lawyer for representation at a deportation hearing, to examine the evidence against him and to have an interpreter during the hearing. The immigrant cannot be held for more than 48 hours without a charge being filed.

5.         Medical Treatment for Illness
Immigrants are entitled to emergency medical care regardless of their ability to pay. Any hospital that accepts Medicare must provide medical treatment to immigrants in emergency situations. Medicaid pays the hospital for the emergency care. Treatment must be rendered until the person is able to breathe, eat, walk, dress, maintain personal hygiene, urinate and defecate, take medication and be able to understand their condition. Hospitals have no duty to report undocumented immigrants to the authorities.​

6.         No Right to Certain Benefits or Right to Work
Undocumented immigrants are not eligible for welfare, food stamps, Medicaid and most other public benefits. Undocumented immigrants may not be hired to work. On the first day of work, the employer is required to make certain that the immigrant has a “green card”, a work visa, a work permit or a naturalization document. Use of fraudulent documents to obtain a job violates federal law and may harm an immigrant’s future chance of obtaining lawful immigration status. 
In recognition of the fundamental precept of the Declaration of Independence that all men “are endowed by their Creator with certain unalienable Rights,” the United States grants persons – immigrants and citizens alike – certain fundamental rights. To better understand these rights or if you have a question about immigration, please contact Michael M. DiCicco, a partner at Bathgate, Wegner & Wolf. 
Read Michael DiCicco's article  Four Things About Immigration That You Should Know
CALL MICHAEL DICICCO
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The Iconic Building That Is Home To Bathgate, Wegener & Wolf

3/6/2017

 
© 2017 Bathgate, Wegener & Wolf, P.C.
Bathgate, Wegener & Wolf, P.C. Lakewood headquarters
By William J. Wolf |  wwolf@bathweg.com
Many people leaving the Garden State Parkway at Exit 89 or driving on Cedar Bridge Road wonder what activities occur under the steeply pitched roofs of the unique building known as One Airport Road, Lakewood, New Jersey.  That iconic building is the home of the Bathgate Wegener & Wolf law firm.  Our law firm employs 45 people and we occupy the entire building.  Our unique building has been named in an architectural guide book as one of 150 Best Buildings in New Jersey.   
This truly unique building was designed by Noboru Kobayashi.  The architectural guide book describes the building as having a “spare and elegant design … made up of pure geometric forms that recall both Shinto temples and the Louis Khan Bath House in Ewing Township.  The complex consists of nine square pavilions of ascending dimension offset from each other on diagonal axes.  The pavilions are capped with steeply pitched pyramidal roofs covered by wood shingles”.
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From the unique roofline it might seem there are several buildings.  Actually, there is only one building that has a roofline consisting of nine pyramids.  Although it appears that the pavilions are separate structures, the building has a unified floor plan consisting of several intersecting ovals.
© 2017 Bathgate, Wegener & Wolf, P.C.Main Entrance
​Beginning with its stone entry terraces, the building has many unique features. Our main entrance is framed by fountains, a moat and a waterfall.  The fountains are not only visually dramatic but also generate a pleasing sound as the water cascades down the waterfall and is propelled high into the air before splashing into the largest of the reflecting pools.

​The interior of the building is graced by two gardens that provide a very pleasing internal landscape of shrubbery and flowers. One of those gardens has its own pool. The internal gardens, open to the sky, provide light and air that enlivens the interior of several of the pavilions.

© 2017 Bathgate, Wegener & Wolf, P.C.
One of two interior gardens
© 2017 Bathgate, Wegener & Wolf, P.C.
Reception area
© 2017 Bathgate, Wegener & Wolf, P.C.
Atrium ceiling
​The reception area has a soaring ceiling capped by a glass peak and brick walls that are accented by the soft glow of wall mounted lights.  From that vantage point our clients and visitors are able to view the interior gardens. 

​A truly attractive feature of one of the pavilions is a library constructed as a room within a room.  This pleasing architectural dimension permits access to our bound book collection without the stacks of shelves typically associated with traditional libraries.  In our modern law firm, each of our 45 individual computer terminals has direct access to the latest version of computerized legal research software.
© 2017 Bathgate, Wegener & Wolf, P.C.
Library
© 2017 Bathgate, Wegener & Wolf, P.C.
© 2017 Bathgate, Wegener & Wolf, P.C.
© 2017 Bathgate, Wegener & Wolf, P.C.
​Anyone who is interested in touring the public areas of the Bathgate Wegener & Wolf, P.C. office will have that opportunity in conjunction with the upcoming immigration seminar that we will host.
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​To discuss the unique characteristics of the Bathgate Wegener & Wolf, P.C. building or legal issues please call partner William J. Wolf (732-363-0666).  For more information regarding Bathgate Wegner & Wolf, please visit our website at www.bathweg.com.

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*No aspect of this advertisement has been approved by the Supreme Court of New Jersey. A description of the selection process methodology for the awards referenced is available here.
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*No aspect of this advertisement has been approved by the Supreme Court of New Jersey. A description of the selection process methodology for the awards referenced is available here.
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