Know your immigration rights

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No matter who is president, everyone living in the U.S. has certain basic rights under the U.S. Constitution. Undocumented immigrants have these rights, too. It is important that we all assert and protect our basic rights. 

If you do encounter Immigration and Customs Enforcement (ICE) or other law enforcement officers at home, on the street, or anywhere else, there are things you can do to reduce risk to yourself. First, stay calm. Do not run, argue, resist, or obstruct the officer, even if you believe your rights are being violated. Keep your hands where police can see them. When the officer does speak to you, remember you have the right to remain silent. Do not lie or provide any false documents. When in doubt, simply remain silent. 

As of Jan. 25, the Department of Homeland Security expanded its use of a process called “expedited removal.” Undocumented community members are now at greater risk of being put in a rapid deportation process, without the right to appear in front of an immigration judge or fight their case. These changes were effective as of Jan. 21. Individuals should exercise their existing rights, and follow steps to protect themselves and their families. 

What is expedited removal? 

When ICE or Customs and Border Protection (CBP) arrests a person within the U.S. (as opposed to at the border), the person usually has the chance to see an immigration judge before being deported. “Expedited removal” allows the government to quickly deport someone they believe to be undocumented, without ever seeing a judge. The only exception is if the person says they are afraid to return to their country, and passes a fear-screening interview, which might allow them to seek asylum. 

What changed? 

Previously, ICE and CBP used expedited removal only against people within 100 miles of the border, and within 14 days of their arrival. Now the government has said it plans to use expedited removal anywhere in the country, against any undocumented person who can’t prove they have been in the U.S. continuously for two years before the arrest. DHS has announced it intends to use this power even against people who entered through a parole program. 

What can community members do to prepare? 

Remember your rights to remain silent, not open your door, and not answer questions from ICE or CBP. 

  • You have the right to remain silent. You may refuse to speak to immigration officers. 
  • Don’t answer any questions. You may also say that you want to remain silent.
  • Don’t say anything about where you were born, or how you entered the U.S. 
  • Do not carry foreign identification documents, such as a foreign passport, with you, as these documents may be used against you. 

Do not open your door

  • To be allowed to enter your home, ICE must have a warrant signed by a judge. Do not open your door unless an ICE agent shows you a warrant. (They almost never have one.) If an ICE agent wants to show you a warrant, they can hold it against a window, or slide it under the door. To be valid, the warrant must have your correct name and address on it. 
  • You do not need to open the door to talk with an ICE agent. Once you open the door, it is much harder to refuse to answer questions. 
  • You have a right to speak with your lawyer. 
  • You can simply say, “I need to speak to my attorney.” 
  • You may have your lawyer with you if ICE or other law enforcement questions you. 

Before you sign anything, talk to a lawyer. 

  • ICE may try to get you to sign away your right to see a lawyer or a judge. Be sure you understand what a document actually says before signing it. 

Always carry with you any valid immigration document you have. 

  • For example, if you have a valid work permit or green card, be sure to have it with you in case you need to show it for identification purposes. 
  • Do not carry papers from another country with you, such as a foreign passport. Such papers could be used against you in the deportation process. 

If you are worried ICE will arrest you, let the officer know you have children. 

  • If you are the parent or primary caregiver of a U.S. citizen or permanent resident who is under age 18, ICE may “exercise discretion” and let you go. 

ICE and other law enforcement officers may think they can get away with violating your rights. Sometimes ICE officers lie to people to get them to open their doors, or sign away their rights. If ICE detains you, or you are concerned that they will conduct raids in your area, this is what you can do: 

Create a safety plan

  • Memorize the phone number of a friend, family member, or attorney that you can call if you are arrested. 
  • If you take care of children or other people, make a plan to have them taken care of if you are detained. 
  • Keep important documents, such as birth certificates and immigration documents, in a safe place where a friend or family member can access them if necessary.
  • Make sure your loved ones know how to find you if you are detained by ICE. They can use ICE’s online detainee locator (bit.ly/ICE_DetaineeLocator) to find an adult who is in immigration custody. Or they can call the local ICE office (bit.ly/ICE_offices). Make sure they have your Alien Registration Number written down, if you have one. 
  • You can call the Executive Office for Immigration Review (EOIR) hotline number, 1-800-898-7180, toll-free, 24 hours a day, seven days a week, to get information on your case’s status. 

Report and document raids and arrests. 

  • If it is possible and safe for you to do so, take photos and videos of the raid or arrest. Also take notes on what happened. 
  • Call United We Dream’s hotline to report a raid: 1-844-363-1423. 
  • Send text messages to 877877. 

Find legal help

Additional things you can do to prepare: 

  • Carry with you evidence of having been in the U.S. for longer than two years, such as mail you received at your home address with a postmark, a signed lease, church or school records with your address, etc. You may want to carry copies with you, so as not to risk losing your originals. Share this evidence ONLY if/after you have been taken into custody. 
  • Carry with you evidence of lawful entry or current lawful status in the U.S. if you have it. If you have a pending asylum application or other immigration court case or appeal, carry evidence of that with you. Share this evidence if or after you have been taken into custody. The first step is to remain silent with the exception of asking to speak to a lawyer. 
  • If you are being taken into immigration custody, and you have a fear of returning to your country of origin, state that fear loudly and clearly at every opportunity you have. 
  • Ask to speak to a lawyer, and do not sign any documents without consulting with a lawyer.

This is a fast-moving situation that will change based upon the Trump administration’s actions. The guidance above is general information, but not legal advice tailored to someone’s individual situation. We recommend that community members exercise caution, and speak to an immigration lawyer about their individual case.

Leia isto em português em nosso site, MVTimes.com.
Rachel Self is an immigration attorney who represented a number of Venezuelan immigrants that were flown to Martha’s VIneyard in 2022 as a political stunt.