Under the Trump administration, many undocumented immigrants are very concerned about what the next four years will be like. Although we cannot know for sure, what is certain is that we must be more prepared than ever and know your rights as an undocumented immigrant in the United States.
During Donald Trump's campaign, and since the election for this second term, the president has announced a series of measures aimed at «controlling» immigration. These measures include a focus on mass deportations and an increase in ICE raids, among other measures.
General rights:
If you are not a US citizen and are detained or questioned by the police or ICE, remember:
- Remain silent.
- Keep calm.
- Say “no” if you are asked to register your belongings.
- Never show fake documents.
- Never lie by saying you are a United States citizen.
You are not required to answer questions about:
- His immigration status.
- Where was he born.
- How did he enter the country.
At home
If ICE or the police come to your home:
- Keep calm.
- Do not open the door.
- Don't invite them into your home.
- If they have an arrest warrant, ask them to show it to you through the peephole or slide it under the door.
- An ICE order (Form 1-200) He does not give you permission to enter his home.
- A court order signed by a judge could allow them to enter.
You have the right to remain silent.
- Don't lie.
- Never falsely claim to be a U.S. citizen.
- Do not present any type of false documents (including driver's licenses, Social Security cards, or immigration documents).
In a vehicle
If you are stopped while driving or as a passenger:
- Park the vehicle safely and quickly.
- Turn off the engine, turn on the interior light, and roll down the window.
- If asked, please provide: (1) your driver's license, (2) your vehicle registration, and (3) proof of insurance.
- If you do not have any of these documents, Do not submit false documents.
- Don't let them search your vehicle. If they search it after you say “no,”, Don't resist.
- Do not answer questions about your immigration status.
- If they are police officers, ask for their name and badge number and write them down.
In the workplace
If ICE comes to your workplace:
- Keep calm.
- Don't run.
- Go to a private area of the building.
- ICE needs a court order or permission from the employer to enter areas that are not open to the public (for example, a restaurant's kitchen).
- Remain silent.
- You are not required to provide ICE with your identification, work authorization, or other documents.
- Any information you provide may be used against you.
If you are arrested
- Keep calm.
- Remain silent.
- Do not discuss your immigration status with anyone other than your attorney.
- Do not sign anything you do not understand.
- Please request an interpreter if needed.
If you are arrested by the police:
- You have the right to a lawyer, even if you cannot afford one.
- You have the right to make a phone call (please note that calls are monitored and recorded, unless you are speaking with your attorney).
If you are arrested by ICE:
- You have the right to hire your own attorney. If you do not have an attorney yet, save our number and contact us. (202-709-6439)
- Memorize and carry your lawyer's number with you.
- You have the right to contact your country's consulate to inform them that you are detained.
- Provide your immigration number or “A-number” (9 digits) to your family so they can locate you.
Red Cards:
Red cards for immigrants are a document that contains what the rights of these people are and what things they should not do if they run into an immigration agent. The text appears in English and Spanish so that it can be handed to an ICE officer if necessary.
In this video we explain to you how to use the red cards.
Here you go a link for you to download and print the red cards.
If you have any questions, consult with an immigration lawyer for specialized advice.
Call us at 202-709-6439 o click here for a consultation directly with attorney Lauren Eagan.
This information is for educational purposes only and does not constitute legal advice.