Immigrants have a number of rights when dealing with US Immigration and Customs Enforcement (ICE), police officers, and other authorities. These rights are important to know, as they can help protect immigrants from being detained or deported.
What are immigrants’ rights?
Some of the most important rights that immigrants have include:
- The right to remain silent. Immigrants do not have to answer any questions from ICE or police officers, even if they are asked about their immigration status.
- The right to an attorney. Immigrants have the right to an attorney, even if they cannot afford one. If an immigrant is arrested by ICE or police, they should ask for an attorney immediately.
- The right to due process. Immigrants have the right to due process, which means that they have the right to a fair hearing before they can be deported.
- The right to be free from discrimination. Immigrants cannot be discriminated against based on their immigration status.
- The right to a copy of all documents relating to their immigration case.
- The right to make a phone call.
- The right to call and/or speak with their consulate.
- The right to refuse to sign any papers without speaking to their attorney.
- The right to request bond.
What should immigrants do if they are stopped by ICE or police?
If an immigrant is stopped by ICE or police, they should:
- Remain calm and polite.
- Do not argue or resist.
- Ask if they are free to leave.
- If they are not free to leave, ask why they are being detained.
- Ask for an attorney.
- Do not sign anything without speaking to an attorney.
In addition to the information above, the website you linked also provides some specific advice for immigrants who are stopped by ICE or police at their home or workplace. This advice includes:
- If ICE or police come to your home, do not open the door. Politely ask to see a warrant signed by a judge and to slip it under the door. If they don’t have one, decline to let them in, ask them to leave. and tell them that you will speak to them with an attorney present.
- If ICE or police come to your workplace, do not answer any questions about your immigration status. Tell them that you will speak to them with an attorney present.
- If you are arrested by ICE or police, do not consent to a search of your person or belongings.
- Do not sign anything without speaking to an attorney.
Where can immigrants get help?
There are a number of organizations that can help immigrants with their rights. These organizations can provide legal assistance, counseling, and other resources. Some of these organizations include:
- The American Civil Liberties Union (ACLU): https://www.aclu.org/
- The National Immigration Law Center (NILC): https://www.nilc.org/
- The Immigrant Legal Resource Center (ILRC): https://www.ilrc.org/
- The National Immigration Forum: https://www.immigrationforum.org/
- The American Immigration Council: https://www.americanimmigrationcouncil.org/
It is important to note that these are just general guidelines, and the specific rights of immigrants may vary depending on their circumstances. If you have any questions about your rights, you should speak to an attorney.