3 Important Rights That All Documented Or Undocumented Immigrants Need To Keep In Mind

Do you know how to protect yourself and your family if you are approached by agents from Immigration and Customs Enforcement (ICE)? No matter what your immigration status (documented or undocumented) you have certain legal rights in the United States that you can assert, and it's important to understand those rights. Here's what to keep in mind.

1. You do not have to speak to authorities or give them any information.

If you are questioned by a police officer, ICE agents, or the FBI, you do not have to respond to any questions, and your refusal to respond cannot be held against you. 

However, you do have to positively assert your right to remain silent by some indication. You can either announce that you are "pleading the Fifth Amendment" and invoking your right to remain silent or you can hand officers a statement that says the same thing. Many immigrants have chosen to carry what is known as a "Red Card" that they can hand to any officer of the law or authority figure if they are being questioned. The Red Card will assert this right for you.

2. You do not have to open your doors to any government official without a warrant.

You and your family have a right to your privacy, which means that agents from ICE, the police, or any other federal agency cannot simply enter your home. They must either have a warrant or be invited inside.

However, this is very important: do not open your doors if an agent from ICE is standing there. This is the best way to protect your family from a raid by immigration officials looking for undocumented immigrants. If an ICE official can see into your apartment or home and sees anything that he or she deems suspicious, it gives ICE a reason to enter without your consent. If you don't open the door, that can't happen.

3. You do not have to sign anything that is handed to you without consulting an attorney.

ICE officials may try to get you to sign one or more pieces of paperwork that allow them to deport you without a hearing. For example, in January of 2017, attorneys reported that immigrants with legal residency status were asked to sign forms giving up that status or withdrawing their admission to the country while they were detained at the Los Angeles International Airport. 

Do not sign a "voluntary departure" form without speaking to an attorney either, even if you are told by ICE officials that your only other choice is deportation. You cannot count on ICE officials to protect your rights the way that an attorney can -- and once you agree to leave the country in writing an attorney may not be able to help you. For more information, contact a business such as David Borts Law Office.

Share