On Friday, January 20, 2017, President-elect Donald Trump will be sworn in as President of the United States on the steps of the U.S. Capitol. The presidential transition has already begun to lay its foundation; but following the election of Trump, many immigrants are nervous, stressed, and understandably anxious about their futures in the United States. Among many of Trump’s radical promises, he has honed in on immigration, stressing an urge to tighten America’s borders, and deport undocumented immigrants.
While many of Trump’s pledged immigration policies are alarming and deeply prejudicial, at Loke Walsh Immigration Law, we want to remind you of your rights as immigrants. We all have basic rights, and it is important to learn how to protect yourself and your family, in case you are confronted by Immigration and Customs Enforcement (ICE), the Police, or other law enforcement officers.
You have the right to remain silent.
- You don’t have to answer any questions.
- You can tell an officer, “I am choosing to exercise my right to remain silent, and my right to refuse to answer your questions. If I am detained, I request to contact an attorney immediately.”
- Don’t tell an immigration or police officer anything about where you were born or how you entered the United States.
- You don’t have to tell an officer whether or not you are a U.S. citizen.
You have the right to speak to an attorney.
- You can tell an officer, “I need to speak to my attorney.”
- You may have your lawyer with you if ICE or the Police question you.
- If you can’t afford a lawyer, you have the right to a free one.
- Do not sign anything, or make any decisions, without a lawyer.
If Immigration comes to your home…
- Don’t open your door! ICE must have a warrant. A warrant is a paper, signed by a judge, giving ICE agents permission to enter your home. ICE agents rarely have a warrant. If the agents want to show you a warrant, they can hold it against a window, or slide it under the door.
- For a warrant to be valid, it must have your correct name and address on it.
- If the agents enter your home without a warrant, request their names and badge numbers, and say that you did not consent to a search.
- If it is safe to do so, take photographs and record videos to document anything the agents say or do.
If Immigration comes to your work…
- ICE agents must still have a warrant, unless you work in a “public place.”
- Stay calm, and do not run. Do not argue with, resist, or obstruct ICE agents or police officers.
If you are stopped in your car…
- Make sure you stop your car in a safe place. Turn off the car, and place your hands on the steering wheel.
- Be prepared to show your driver’s license, vehicle registration card, and proof of insurance.
- If an officer or ICE agent asks to search your car, you can refuse, unless the officer believes your car contains evidence of a crime.
- Remember that you still have the right to remain silent and cannot be punished for refusing to answer questions.
Always carry valid immigration documents with you.
- If you have a valid work permit or green card, be sure to have it with you in case you need to show it to an officer or agent.
- Do not carry or show papers from another country, including a foreign passport. This may be used against you in future proceedings.
- Do not show any false documents, and do not lie.
Ask if you are “free to leave.”
- If you are stopped on the street, in your car, or at your workplace, ask the officer or agent if you are free to leave. If the officer says yes, leave calmly and quietly.
If you are arrested by the Police or taken into custody by ICE…
- Find out who has arrested you. Write down the names of the officers and their badge numbers.
- You have the right to make a telephone call. Memorize the number of your immigration lawyer or a close family member, and contact him or her immediately.
- Call your consulate. If you are a foreign national arrested in the U.S., you have the right to call your consulate, or have the deportation officer inform the consulate of your arrest. The consul may help you find a lawyer and reach out to your family.
- Ask for a bond. You can ask for a bond (even if you are told you are not eligible) to show that you are not a “flight risk,” or a danger to the community.
- Ask for a copy of the Notice to Appear. This is a document containing the immigration charges against you.
- Wait until your lawyer gets to you. Don’t answer any questions or sign anything without your lawyer. If you do not have a lawyer, you can request one.
Make a plan for you and your family.
- Always let an officer know if you are the parent or primary caregiver of a U.S. citizen or permanent resident who is under 18. An ICE agent may choose to exercise discretion and let you go.
- Memorize the phone numbers of your family, a close friend, and your attorney.
- Make a plan to have your children taken care of, should you be arrested and/or detained.
- Keep your important documents, including your birth certificate, passport, and immigration documents in a safe place.
- Teach your family and friends how to find you if you are detained. They can use ICE’s online locator or call the local ICE office to find you. Make sure they have your alien registration number (if you have one).
Stay informed!
As a result of President-elect Trump’s countless anti-immigrant statements, as well as his emphasized priority to heighten deportation, ICE agents or police officers may think they can violate or deny you your rights. Police apprehension can also be intimidating and pressurizing. However, if you familiarize yourself with these basic rights, you will create a safer and more protected situation for you and your loved ones.
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