In the wake of several executive orders signed by President Donald Trump, many immigrants in the U.S. are facing heightened uncertainty and fear. While these orders have led to stricter enforcement of immigration laws, it’s important to remember that you have rights regardless of your immigration status. Below, we will outline key rights that every immigrant should be aware of to help protect themselves and their families in case of interactions with law enforcement, ICE (Immigration and Customs Enforcement), or Border Patrol agents.
If a Police Officer or ICE Knocks on Your Door | Immigrant Rights in the U.S.
Ask for Identification:
You have the right to ask the officer for identification. Request to see their badge or other forms of identification. You may ask them to show you through a window or the peephole.
You Don’t Have to Open the Door Without a Warrant:
If officers do not have a warrant signed by a judge, you are not obligated to open the door. Ask the officer to slide the warrant under the door or hold it up to a window. Ensure that the warrant is signed and contains your correct name and address, or the name of the person the officers are looking for.
Right to Remain Silent:
You have the right to remain silent. You are not required to answer questions about your immigration status, how you entered the U.S., or where you're from.
Stay Calm and Do Not Resist:
If officers enter without permission or without a proper warrant, state clearly that you do not consent to the entry. Make note of their badge numbers and names.
Important Reminder:If you’ve had any interaction with law enforcement, ICE, or Border Patrol—even if you weren’t arrested—consulting with an attorney is highly advisable. An attorney can request documentation such as incident reports or body cam footage to help clarify the situation and protect your rights.
If You Are Arrested | Immigrant Arrest Rights
Do Not Resist Arrest:
Resisting arrest can escalate the situation and result in additional charges.
Right to Remain Silent:
Clearly inform the officer that you are exercising your right to remain silent and do not answer any further questions without a lawyer.
Right to Legal Representation:
You are entitled to legal representation. If you cannot afford an attorney, the government is not required to provide one, but you may request a list of legal aid organizations.
Do Not Sign Anything You Don’t Understand:
You have the right to have documents translated or reviewed by your attorney before signing.
Do You Need to Show Your Immigration Documents? | Immigration Document Requirements
If you are not a U.S. citizen, and an immigration agent stops you and asks to see your papers, you are required to show them if you have them on hand.
U.S. law states that individuals over 18 should carry immigration documents (like a green card or visa) at all times. If you do not have your documents or prefer not to answer additional questions, you still have the right to remain silent.
If You Are Stopped While in Transit | Transit Rights for Immigrants
Whether you are traveling by bus, train, or airplane, your rights remain the same:
Right to Remain Silent:
If law enforcement, ICE, or Border Patrol agents question you, you can assert your right to remain silent by saying, “I am exercising my right to remain silent.”
Do Not Consent to a Search of Your Belongings:
Officers may ask to search your personal items. Politely refuse, saying, “I do not consent to a search.” However, if they have probable cause, they may still search without your consent.
Ask If You Are Free to Leave:
If you are not being detained, you have the right to leave. Ask, “Am I free to go?”
Show Identification Only When Required by Law:
In specific situations such as at airports or within 100 miles of the U.S. border, Border Patrol may request identification. You can provide it but are not required to answer further questions.
Stay Calm and Document the Interaction:
If possible, make note of officers’ badge numbers, names, and the details of the interaction.
Protecting Your Children | Family Preparedness Plan for Immigrants
Create a Family Preparedness Plan:
Designate a trusted individual to care for your children in case you are detained. Ensure this person has access to important information, such as medical records and school contacts.
Keep Important Documents Accessible:
Store birth certificates, passports, and contact information for an attorney in a safe but easily accessible location.
Inform Your Children of Their Rights:
Teach your children to remain silent and not open the door for immigration officers without your permission.
What If You Don’t Speak English? | Immigrants Rights and Language Barriers
Do Not Open the Door:
Communicate through the door or use a prepared written message/card in your preferred language that states:
"I do not speak English."
"I am exercising my right to remain silent."
"Please provide an interpreter."
Show a “Know Your Rights” Card:
If you have a card in English (or another language), hold it up to the window or slide it under the door. This card should state that you do not consent to a search or questioning without a lawyer present.
Request an Interpreter:
Officers are required by federal law to provide an interpreter if language barriers prevent effective communication.
Do Not Sign Anything or Agree to Anything Without Legal Counsel:
If an officer asks you to sign documents, do not do so until you have had the opportunity to consult with an attorney or had the documents translated.
Example “Know Your Rights” Card
"I am exercising my rights as outlined by the U.S. Constitution:
I choose to remain silent.
I will not answer any questions about my immigration status or anything else.
I do not consent to this search.
I do not give permission for you to enter my home, search my belongings, or question me without a warrant signed by a judge.
I want to speak to an attorney.
I will not sign anything or make decisions without consulting my lawyer.
Please respect my rights."
Resources for Support | Immigrant Legal Support Organizations
There are organizations dedicated to helping immigrants understand and protect their rights. You can contact:
National Immigration Law Center (NILC)
Immigrant Legal Resource Center (ILRC)
You can also contact the organizations in the link below that help immigrants pro-bono https://www.justice.gov/eoir/file/ProBonoFL/dl.
Bottom Line
Understanding your rights is crucial to protecting yourself and your loved ones in the face of increasing immigration restrictions. By staying informed and prepared, you can confidently navigate any interaction with law enforcement. Remember, you are not alone. Support is available from dedicated organizations and immigrant communities across the country. Stay vigilant and protect your rights.
If you need legal advice or assistance, don’t hesitate to contact Canero Fadul Reis Law—your trusted immigration law firm—we are here to help you.
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