From the American Civil Liberties Union:
THE RIGHTS OF IMMIGRANTS
In decisions spanning more than a century, the U.S. Supreme Court has ruled that the Constitution's guarantees apply to every person within U.S. borders, including "aliens whose presence in this country is unlawful." On the other hand, the Court has said that when the federal government uses its broad powers to supervise immigration into this country, it can exercise those powers in ways that discriminate on the basis of "alienage." In other words, the government has the power to decide who to let into the country and under what circumstances. But once here, even undocumented immigrants have the right to freedom of speech and religion, the right to be treated fairly, the right to privacy, and the other fundamental rights U.S. citizens enjoy.
Since immigrants don't have the right to enter the U.S., those who are not here legally are subject to deportation. The Immigration and Naturalization Service (INS) has the authority to question "any person believed to be an alien as to his right to be in the United States." But in a 1903 case called Yamataya v. Fisher, the U.S. Supreme Court ruled that the INS could not deport someone without a hearing that meets constitutional due process standards. Since then, procedural rights for undocumented immigrants have evolved so that today, in spite of Congress' attempts to curtail these rights, most people facing deportation are entitled to:
a hearing before an immigration judge and review, in most cases, by a federal court;
representation by a lawyer (but not at government expense);
reasonable notice of charges, and of a hearing's time and place;
a reasonable opportunity to examine the evidence and the government's witnesses;
competent interpretation for non-English speaking immigrants, and
clear and convincing proof that the government's grounds for deportation are valid.
http://www.aclu.org/ImmigrantsRights...m?ID=9361&c=22 
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