Can an illegal alien get a divorce?

Answer 1

An alien with no greencard or "papers" could get deported any time. Getting married or getting a divorce are things which, in and of themselves, have no baring on the aliens Immigration status.

If the spouse had filed a petition on the alien's behalf, the petition would no longer be valid. An immature or vindictive ex-spouse could try to make immigration trouble for the alien, but it's unlikely that they would be able to actually get the person deported.

Answer 2

In the USA, basic Constitutional rights, such as the rights of free speech, freedom of religion, due process, etc. are rights guarenteed to every person within the jurisdiction of the Constition. The Supreme Court has said this on numerous occasions and it is a well established and largely uncontroversial cornerstone of constitutional laws.

There are also basic statutory rights that immigrants have. For example if an employer pays an employee below minimum wage, or violates other labor laws, that illegal alien has the right to sue and collect damages.

Non-citizens are not technically covered by the same Civil Rights granted to U.S. citizens. Among other things, they cannot vote, in some states they are not eligible for the same welfare and government assisted health benefits and in most states, illegal aliens cannot legally drive. These rights vary a lot from one state to the next. Hope this helps!