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Know your rights! Youth justice and juvenile law answers.

Askthejudge.info features regular updates from the news, important decisions from the nation′s courts, and online discussions with Judge Tom. Find out everything you need to know about youth rights, juvenile law and juvenile justice. AsktheJudge – Empowering youth one question at a time.

Disclaimer: The information contained in this site is made available to the general public and is not intended to serve as legal advice.You should consult a trained legal professional in your area for questions you may have about the laws affecting juveniles or any legal interpretations.

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August 15, 2017
Judge Tom
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What are my rights as an undocumented teen in the U.S.?

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dreamers

Do you know your rights as a DREAMER?* Federal and state laws may affect what you can and can’t do, at home, work, in the community and at school. It is important to be aware of your rights and responsibilities as an undocumented teenager.

Questions undocumented teens may need answers to

The following questions are just a few of what you may be considering, especially as you get older.

Can you be deported? The answer is yes,  but under what circumstances?

Can you travel outside the United States. No. If you leave, you will have trouble returning unless you had the government’s approval to leave in the first place.

What should you do if contacted by the police or immigration authorities? Should you cooperate with any questioning, or ask for a lawyer before talking?

Can you legally work in the United States? No, unless the government has granted you employment authorization.

Can you get a Social Security Number? Not unless you obtain “lawful status” in the country.

Should you pay taxes? If you are working in the U.S., yes pay your taxes.

Can you receive public benefits such as Medicaid, family planning services, financial assistance, health care, shelter and food assistance?

Can you open a bank account?

What are your rights if you are a refugee?

Can you get a driver’s license?

Most of these questions depend on both federal law and individual state laws on the subjects mentioned. For further information, google “undocumented student legal rights.” You may see a specific post regarding your rights and the laws in your state.

*A DREAMER is a person brought to the U.S. as a child and is undocumented. Under the DREAM Act and subsequent DACA program, DREAMERs are allowed to remain in the country for two-year periods while awaiting a path to citizenship.

Photo by LongIslandWins (Flickr)

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The Author Judge Tom

Judge Tom is the founder and moderator of AsktheJudge.info. He is a retired juvenile judge and spent 23 years on the bench. He has written several books for lawyers and judges as well as teens and parents including 'Teen Cyberbullying Investigated' (Free Spirit Publishing) and 'Every Vote Matters: the Power of Your Voice, from Student Elections to the Supreme Court' (Free Spirit Publishing). In 2020, the American Bar Association published "Cyberbullying Law," the nation's first case-law book written for lawyers, judges and law students. When he's not answering teens' questions, Judge Tom volunteers with the American Red Cross and can be found hiking, traveling and reading.

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