Immigrants' Employment Rights

This article explains immigrants’ federal and state employment rights.

Composed by TexasLawHelp.org • Last Updated on November 27, 2025

Here, learn about immigrants’ employment rights, including laws that protect against discrimination, unemployment benefits, workers’ compensation benefits, and more.

The information in this article was written by American Gateways, the Texas Workforce Commission, the U.S. Equal Employment Opportunity Commission, and the U.S. Department of Justice. It has been lightly edited for style.

Caution!

U.S. immigration laws, policies, and practices continue to change rapidly in 2026. Before making any decisions, consult an immigration attorney. One way to find an attorney is through the American Immigration Lawyers Association Find an Immigration Lawyer.

Warning: This article discusses employment rights of undocumented workers. Due to possible changes in federal immigration policy, you should consult with a legal aid organization or a private attorney before contacting any governmental body or taking other action in your case.

Do U.S. labor laws protect immigrants?

Immigrants have the same basic employment rights as other workers, regardless of their immigration status.

Labor laws in the U.S.—including the Fair Labor Standards Act (FLSA), Occupational Safety and Health Act (OSHA), and Family and Medical Leave Act (FMLA)—apply to employees regardless of their immigration status.

How are immigrants protected from employment discrimination?

Federal law prohibits:

• Citizenship status discrimination in hiring, firing, or recruitment or referral for a fee;
• National origin discrimination in hiring, firing, or recruitment or referral for a fee;
• Unfair documentary practices during employment eligibility verification, including Form I-9 and E-Verify; and
• Retaliation or intimidation.

Federal and Texas law also prohibit employment discrimination on the basis of:

• National origin;
• Race;
• Color; and
• Religion.

No one can be denied equal employment opportunity because of:

• Birthplace;
• Ancestry;
• Culture;
• Linguistic characteristics common to a specific ethnic group;
• Marriage or association with persons of a national origin group;
• Membership or association with specific ethnic promotion groups;
• Attendance or participation in schools, churches, temples, or mosques generally associated with a national origin group; or
• A surname associated with a national origin group.

Can my employer require me to speak only English on the job?

Rules requiring employees to speak only English in the workplace violate the law unless the employer can show that they are justified by business necessity.

• A rule requiring employees to speak only English in the workplace at all times, including breaks and lunch time, will rarely be justified.
• An English-only rule should be limited to the circumstances in which it is needed for the employer to operate safely or efficiently.
• Circumstances in which an English-only rule may be justified include communications with customers or coworkers who only speak English; emergencies or other situations in which workers must speak a common language to promote safety; and cooperative work assignments in which the English-only rule is needed to promote efficiency.
• Even if there is a need for an English-only rule, an employer may not take disciplinary action against an employee for violating the rule unless the employer has notified workers about the rule and the consequences of violating it.

What if I was harassed because of my national origin?

Harassment on the basis of national origin is illegal.

An ethnic slur or other verbal or physical conduct because of an individual’s nationality constitutes harassment if it:

• Creates an intimidating, hostile, or offensive working environment;
• Unreasonably interferes with work performance; or
• Negatively affects an individual’s employment opportunities.

Employers have a responsibility to maintain a workplace free of national origin harassment. Employers may be responsible for on-the-job harassment by their agents and supervisory employees, regardless of whether the acts were authorized or specifically forbidden by the employer.

Can a prospective employer ask me about my immigration status or history during an interview?

No. Employers are legally barred from asking questions about your immigration status, immigration history, or national origin during an interview. If an employer asks you about these topics, you are not required to answer the question. Instead, you can say that you are not required to answer the question and move on to a different topic.

However, employers must verify the identity and employment eligibility of all employees hired after November 6, 1986. They do this by completing Form I-9, Employment Eligibility Verification. They must review documents showing the employee’s identity and employment authorization.

The law prohibits employers from rejecting valid documents. Employers cannot ask for more documents than legally required for employment eligibility verification just because of an employee’s citizenship status or national origin.

For example, an employer cannot require only individuals the employer perceives as “foreign” to verify their employment eligibility or produce specific documents, such as a green card or Employment Authorization Document. Employees choose which permitted documents they show for employment eligibility verification. As long as the document looks reasonably genuine and relates to the employee, it should be accepted.

What is E-Verify?

E-Verify is a nationwide system that employers can use to determine the employment eligibility of employees and prevent the unlawful employment of undocumented workers.

Federal law does not require all employers to use E-Verify. However, many private employers and nearly all public employers use it.

Can I be fired because I am an immigrant?

Unless otherwise provided in an employment contract, employment in Texas is “at will.” This means an employer can fire you for any reason and at any time.

At-will employers are not permitted to terminate an employee for an illegal reason, such as nationality. However, an employer can terminate your employment if you cannot produce evidence that you are authorized to work legally in the United States.

How do I get authorized to work as an immigrant?

Your ability to work lawfully in the U.S. depends on your immigration status. Naturalized citizens, lawful permanent residents, and refugees can work without restriction.

Other types of immigrants may need to apply for an Employment Authorization Document (EAD), often called a work permit, before they are allowed to work.

How can I apply for a Social Security card as an immigrant?

Immigrants with authorization to work in the U.S. may apply for a Social Security number and card through the Social Security Administration.

Undocumented immigrants without employment authorization are not eligible for Social Security numbers. However, you may be able to apply for an Individual Taxpayer Identification Number (ITIN) from the Internal Revenue Service, which can be used to file and track federal income taxes.

Do I qualify for unemployment benefits in Texas?

In Texas, you may be eligible for unemployment benefits if you are:

• Legally residing in the U.S.;
• Authorized to work in the U.S. at the time you earned your base-period wages, when you apply for benefits, and while requesting benefits; and
• Able to satisfy the requirements of Form I-9, Employment Eligibility Verification.

To learn more and apply for unemployment compensation, visit the Texas Workforce Commission’s Unemployment Benefits page.

Do I qualify for workers’ compensation benefits in Texas?

The Texas Workers’ Compensation Act is a state law that provides compensation, including income and medical benefits, for employees who suffer work-related injuries or illnesses.

Texas private employers can generally decide whether to provide workers’ compensation insurance coverage for their employees. Generally, the employer must notify employees whether it provides coverage. Employers that do not provide workers’ compensation coverage may be more open to lawsuits from employees for injuries or illnesses suffered on the job.

Under the Act, both citizens and noncitizens, including undocumented workers, are covered.

If their employer participates in the workers’ compensation system, undocumented workers have the right to seek compensation for injuries received on the job or job-related illnesses. Workers’ compensation covers some lost wages and medical bills resulting from work-related injuries and illnesses.

If their employer does not participate in the workers’ compensation system, undocumented workers may have the right to bring a personal injury lawsuit against the employer if they are injured on the job.

The Texas Workers’ Compensation Act is regulated by the Texas Department of Insurance, Division of Workers’ Compensation (TDI-DWC). For information for injured employees, visit the TDI-DWC Injured Employee Resources page.

Where can I learn more about the rights of undocumented workers?

To learn more about the rights of undocumented workers, see Employment Rights of Undocumented Workers.

More information

To learn more about immigrants’ employment rights, visit:

• U.S. Equal Employment Opportunity Commission
• U.S. Department of Labor — Immigration
• U.S. Department of Justice — Immigrant and Employee Rights Section
• Texas Workforce Commission — Employment Discrimination
• U.S. Department of Labor — Wage and Hour Division

Related articles

• Employment Rights of Undocumented Workers — Information about the employment rights of undocumented workers under federal and Texas law.
• Immigration Rights Resources — Information about your rights and preparing for encounters with police and immigration authorities.
• Immigration and Employment Law — Answers to common questions immigrants may have about employment law.

Sources

• “Immigrants’ Employment Rights,” TexasLawHelp.org, archived by the Internet Archive’s Wayback Machine.

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