Immigrants  Do Have Rights

Photo courtesy: CHIRLA

ICE resistance protests are being held in major cities and immigrant rights information is being distributed. This protest was held in downtown Los Angeles.

Regardless of your immigration status, you have guaranteed rights under the Constitution. Here’s what you need to know:

If police or ICE come to your home or residence: 

Stay calm and keep the door closed. Opening the door does not give them permission to come inside, but it is safer to speak to ICE through the door.

Ask if they are immigration agents and what they are there for.

Ask the agent or officer to show you a badge or identification through the window or peephole.

Ask if they have a warrant signed by a judge. If they say they do, ask them to slide it under the door or hold it up to a window so you can inspect it.

Do not open your door unless ICE shows you a judicial search or arrest warrant naming a person in your residence and/or areas to be searched at your address. If they don’t produce a warrant, keep the door closed. State: “I do not consent to your entry.”

If agents force their way in, do not resist. If you wish to exercise your rights, state: “I do not consent to your entry or to your search of these premises. I am exercising my right to remain silent. I wish to speak with a lawyer as soon as possible.”

If you are on probation with a search condition, law enforcement is allowed to enter your home.

These are your rights:

You have the right to remain silent, even if the officer has a warrant.

You do not have to let police or immigration agents into your home unless they have certain kinds of warrants.

If police have an arrest warrant, they are legally allowed to enter the home of the person on the warrant if they believe that person is inside. But a warrant of removal/deportation (Form I-205) does not allow officers to enter a home without consent.

If you’ve been arrested and need to challenge a deportation order:

You have the right to a hearing to challenge a deportation order, unless you waive your right to a hearing, sign something called a “Stipulated Removal Order,” or take “voluntary departure.”

You have the right to an attorney, but the government does not have to provide one for you. Ask for a list of free or low-cost alternatives. If you have no lawyer, ask the court to allow you time to find one.

If you are told that you do not have the right to see an immigration judge, you should speak with a lawyer immediately. There are some cases in which a person might not have a right to see an immigration judge. But even if you are told that is your situation, you should ask to speak to a lawyer immediately because Immigration officers will not always know or tell you about exceptions might apply to you.

If you fear persecution or torture in your home country, tell an officer and contact a lawyer immediately. You have additional rights if you have this fear.

Source: The American Civil Liberties Union.

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