Know Your Rights
Living in the United States, regardless of immigration status, grants certain rights under the U.S. Constitution. It is essential to understand these rights, especially in situations involving immigration authorities such as Immigration and Customs Enforcement (ICE). Here is a detailed guide to help you navigate such encounters.
Your Rights When ICE Agents Knock on Your Door
You Do Not Have to Open the Door
No Entry Without a Valid Warrant: ICE agents cannot legally enter your home without a search warrant signed by a judge. An ICE deportation warrant is not equivalent to a search warrant and does not grant them the right to enter your home unless you give verbal permission.
Verify the Warrant: If officers claim to have a search warrant, ask them to slide it under the door or hold it up to a window for you to review. Ensure the warrant includes your correct name and address and is signed by a judge.
Speak Without Opening the Door: If you decide to communicate with the officers, you can do so through the door or by stepping outside and closing the door behind you.
Your Right to Remain Silent
No Obligation to Answer Questions: You are not required to answer questions about your birthplace or how you entered the U.S.
Exercise Your Silence: If you choose to remain silent, clearly state, “I choose to remain silent.” You can also present a know-your-rights card in English or Spanish to explain your decision to remain silent and your desire to speak with a lawyer.
Avoid Providing False Information: Do not show false documents, lie, or present identification that indicates your country of origin.
Your Right to Legal Representation
Access to a Lawyer: If you are detained, you have the right to seek legal representation and to make a phone call to your attorney. If you already have a lawyer, provide the officer with a signed Form G-28 to confirm your representation.
Pro Bono Legal Assistance: If you do not have a lawyer, request a list of pro bono attorneys from the immigration officer.
Consular Support: You also have the right to contact your consulate, which may assist in finding a lawyer.
Your Right to Review and Understand Documents
Do Not Sign Without Understanding: You can refuse to sign any paperwork until you have spoken with a lawyer. If you decide to sign, ensure you fully understand the document’s content and implications.
Your Right to Communicate with Family or Friends
Free Phone Calls: If you have been detained for over 10 days and lack sufficient funds in your account, you may request free phone calls to contact family or friends.
Stay Informed and Prepared
Understanding your rights is the first step in protecting yourself and your family. Share this information widely and keep it accessible. By knowing and asserting your rights, you can navigate challenging situations with greater confidence and clarity.
