With the Trump administration, many undocumented immigrants are very concerned about what the next four years will look like. Although we cannot know for sure, what is certain is that you have to 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 U.S. citizen and are detained or questioned by police or ICE, remember:

• Remain silent.
• Stay calm.
• Say “no” if you are asked to search your belongings.
• Never show false documents.
• Never lie that you are a U.S. citizen.

You are not required to answer questions about:

• Your immigration status.
• Where he was born.
• How he entered the country.

At home

If ICE or police come to your home:

• Stay calm.
• Do not open the door.
• Do not invite them into your home.
• If they have a warrant, ask them to show it to you through the peephole or to pass it under the door.
• An ICE order (Form 1-200) does not give them permission to enter your 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 show false documents of any kind (including driver’s licenses, social security cards, or immigration documents).

In a vehicle

If you are pulled over 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 requested, submit: (1) your driver’s license, (2) vehicle registration, and (3) proof of insurance.
• If you do not have any of these documents, do not submit false documents.
• Do not allow your vehicle to be searched. If you are searched 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 arrives at your place of employment:

• Stay 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 public (e.g., a restaurant kitchen).
• Remain silent.
• You are not required to give ICE your identification, work authorization, or other documents.
• Any information you provide to them may be used against you.

If you are arrested

• Stay calm.
• Remain silent.
• Do not discuss your immigration status with anyone except your attorney.
• Don’t sign anything you don’t understand.
• Ask for an interpreter if you need one.

If you are arrested by the police:

• You have the right to an attorney, even if you cannot afford one.
• You have the right to make a phone call (remember that calls are monitored and recorded, except if you talk to your lawyer).

If you are arrested by ICE:

• You have the right to hire your own lawyer.  If you don’t have a lawyer yet, save our number and contactus. (202-709-6439)
• Memorize and bring your attorney’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 for you to give to an ICE officer should it be needed.

In this video we explain how to use red cards.

Here’s a link for you to download and print the red cards.

If you have any questions, consult with an immigration attorney for specialized advice. At Eagan Immigration, we conduct free evaluations of your immigration case. You can call us at 202-709-6439 to schedule your appointment or do it through this link.