In the U.S. there's a constitution that all, including government agencies and courts, must follow. Our constitution creates due process rights for those within our borders, including immigrants, albeit illegal ones. That's the theory and the myth. The reality, as seen in the Iowa raids and others throughout the U.S. recently, is that those who are illegally present in the U.S. really don't have many rights.

What are these very limited rights when ICE marches into your workplace and demands to see your proof of legal status in the U.S. and you cannot provide any? First, you have the right to legal counsel to represent and defend you—at your expense. Although the consequences of removal from the U.S. are equally severe as those found in criminal proceedings, immigration is considered a civil proceeding and thus no right to counsel at the government's expense attaches. If you cannot afford a private immigration lawyer and cannot find one of the very few, highly overworked and swamped non-profit agencies to represent you, you are on your own. If you are lucky enough to obtain counsel to represent you oftentimes there is very little that they can do to help you. Once ICE takes you into custody they will transfer you to someplace financially convenient to them—like Texas or Louisiana, making it very difficult for your local Philadelphia/PA attorney to properly represent you.

More often than not you will be placed in an overcrowded facility, with many in the same cell. You will be told (if you are lucky) that you have the right to a hearing with an Immigration Judge and a right to request bond so that you may be released while you are awaiting your hearing date. Note that very few bond requests are granted and won't be if you lack strong ties to and equities in the U.S. such as a U.S. citizen spouse. Even if you do have a U.S citizen spouse if your immigration history is negative, forget about bond. You will either be quickly removed/deported or, if you insist on your "rights", sit and languish in your cell until the Immigration Judge orders your removal or grants you something "nicer"—voluntary departure, the ability to leave on your own without being deported/removed. If you choose to appeal, again, unless you bond out, you are in jail for the duration of your case. As a result of depression, desperation and horrific conditions, many choose to just give up and go home, sometimes ruining an opportunity to ultimately prevail in Immigration Court.

What about if you are, like those in Iowa, charged with a crime—such as using false documents? Now you have the right to counsel, at the government's expense for the criminal portion of your case but you still do not have the right to counsel at the government's expense for your immigration case. Of course, a good criminal attorney can also try to interweave the immigration portion of your case into a defense/deal but you will still languish in jail for the duration of your case unless a small miracle occurs.

Thus, in reality, you do have some rights. However, you have a system that makes it almost impossible to be physically and emotionally able to exercise those few rights that you, under "due process", have been given under the banner of our country's colorful flag.