They Still Have Rights Guaranteed By The U.S. Constitution!
(And a Merry Christmas…)
© Benjamin H. Groff II — Truth Endures / benandsteve.com

With the 2026 U.S. election season soon underway, you’ll hear a significant amount of disinformation. One major strand targets immigrants in a wholly prejudicial way. It treats them as one homogenous group of “illegal” residents. It claims they all take “welfare benefits,” “food stamps,” or “public assistance programs.” These terms are used as triggers to motivate a particular set of voters. This is a tactic well understood by the most bigoted of candidates.
In reality, U.S. federal law places strict limits on non-citizens’ access to most benefit programs. Among the relevant statutes is the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996. This act sets the baseline framework that governs immigrant eligibility for federal means-tested benefits. (1)
Key Facts
Undocumented immigrants — those who entered without inspection or overstayed visas — are generally ineligible for most federal public benefits. According to the National Conference of State Legislatures (NCSL), people without authorization in the United States can’t access federal public benefits. People who lack authorization in the United States are unable to access federal public benefits. People without authorization in the United States cannot access federal public benefits. Exceptions exist for certain emergency assistance, disaster relief, and non-cash community-level services. (2)
These benefits include major programs. Examples are the Supplemental Nutrition Assistance Program (SNAP, or “food stamps”). Another example is the Temporary Assistance for Needy Families (TANF) cash-assistance program. They also include non-emergency Medicaid. (3)
Lawfully present immigrants, including lawful permanent residents (green-card holders), face further restrictions. Most must wait five years after achieving “qualified immigrant” status before becoming eligible for many federally funded means-tested benefit programs. (4)
Criminal convictions may further affect eligibility. Individuals convicted of a drug–related felony after August 22, 1996 may be barred from receiving SNAP benefits. This is the case in many states. (5)
State-level variation: Federal law sets the baseline. However, individual states may use state funds to extend certain benefits. These benefits are for immigrants who are otherwise ineligible under federal rules. (6)
Quick Facts:
📌 Law: Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996
📌 Undocumented Immigrants: Ineligible for SNAP, TANF, and non-emergency Medicaid
📌 Legal Immigrants: Usually face a 5-year waiting period
📌 State Variations: Some states fund limited local programs
📌 Citizen Children: Eligible for benefits if they meet program rules
📌 Exceptions: Refugees, asylees, trafficking victims are exempt from waiting periods
Benefits for U.S. citizen children: A key exception ensures that children born in the U.S. can receive federal benefits, such as SNAP and Medicaid. This is true regardless of their parents’ immigration status, provided they meet all other eligibility requirements. The parents’ immigration status does not disqualify the U.S. citizen child. (7)
Specific exempt categories: Some immigrants are exempt from certain waiting periods or restrictions. These include refugees, asylees, victims of human trafficking, and certain others. (8)
In Summary
The U.S. benefit system places tight limitations on which non-citizens can receive publicly funded assistance. Eligibility depends heavily on:
- the individual’s immigration status (unauthorized vs. qualified)
- how long they’ve been residing legally
- the particular rules of the specific assistance program.
In short: undocumented immigrants have virtually no access to standard federal welfare programs. They also lack access to food-assistance programs, especially if they have a criminal record. Many legal permanent residents must wait years. There are state-funded alternatives and exceptions. However, the broad public claim that “immigrants all use welfare/food stamps” is factually false. This claim serves as a misleading narrative.
Why this matters
When you hear a politician or political advertisement claim that immigrants are draining public benefits, you’re hearing a distorted narrative. It’s a message crafted to provoke emotional responses. It appeals to anxieties. It does not truthfully engage with the specifics of immigration law and benefit eligibility.
Bookmark this post for future reference—especially in the coming campaign months, when such claims will be ramped up. Having the facts on hand helps you call out hyperbole. It separates rhetoric from reality. This keeps the public conversation grounded in truth.
Constitutional Rights of Immigrants
Despite differences in citizenship status, the U.S. Constitution guarantees core rights to all persons within its jurisdiction — including immigrants, regardless of legal status. The Fifth and Fourteenth Amendments protect every “person” (not merely “citizens”) from deprivation of life, liberty, or property. Due process of law is required. They also protect from denial of equal protection under the law. The First Amendment also ensures freedom of speech, religion, and peaceful assembly for all. These guarantees extend to everyone on U.S. soil, whether they are citizens, lawful residents, or undocumented immigrants.
The Supreme Court has repeatedly affirmed these principles — most notably in Plyler v. Doe (1982). It held that undocumented children are entitled to the same public education rights as others. This is echoed in Zadvydas v. Davis (2001), which found that indefinite detention of immigrants violated constitutional due process. While immigration status can affect eligibility for government benefits, it does not erase the fundamental rights guaranteed by the Constitution.
References
- U.S. Constitution, Fifth Amendment – Protects all persons from deprivation of life, liberty, or property without due process of law.
- U.S. Constitution, Fourteenth Amendment, Section 1 – Ensures equal protection and due process for “any person” within the United States.
- U.S. Constitution, First Amendment – Guarantees freedom of religion, speech, press, and peaceful assembly to all persons.
- Plyler v. Doe, 457 U.S. 202 (1982) – Supreme Court ruled that denying public education to undocumented children violates the Equal Protection Clause.
- Zadvydas v. Davis, 533 U.S. 678 (2001) – Affirmed that immigrants, even undocumented, are protected by the Due Process Clause against indefinite detention.
- Yick Wo v. Hopkins, 118 U.S. 356 (1886) – Early Supreme Court case establishing that equal protection applies to non-citizens as well as citizens.
🗳️ Call to Action: Truth Over Talk
In the months ahead, political noise will grow louder, and facts will often take a back seat to fear. Before sharing or believing any claim about immigrants, take a moment to fact-check it. Look for verifiable data. Check reputable sources and legal references. Misinformation thrives when good people stay silent.
Share true information. Challenge falsehoods when you see them.
By doing so, you defend the truth. You also uphold the American promise of fairness and equality under the law.
By Benjamin GroffMedia© | benandsteve.com | ©2025


















