Immigrants in the U.S. are entitled to constitutional protections, with or without documentation. That is according to Amanda Alvarado, a lawyer at the Immigration Institute of the Bay Area.
Alvarado spoke as one of five panelists at “Know Your Rights,” a news briefing by Ethnic Media Services.
The news briefing was organized in response to the Trump administration’s immigration policies. President Trump has made immigration reform a central part of his administration’s agenda, threatening mass deportations and attempting to end birthright citizenship.
For individuals, it’s important to know what rights you are entitled to in the U.S. and in interactions with immigration officials. Alvarado called her presentation on immigrant rights a “message of power” and shared the following information about what to do if you are face to face with U.S. Immigration and Customs Enforcement (ICE).
What to do before arrest
1. Keep all documentation that establishes your presence in the U.S.
The Trump administration has ordered expedited removal processes that sidestep immigrants’ rights to a judicial hearing. Under these rules, people who have not been in the country for two years or more can be deported as quickly as one day.
This makes it extremely important that documents proving your presence in the U.S. are available and easy to find.
Alvarado recommended keeping these documents in a safe place and taking a picture of them to have a record in your phone. In this way, a person would be able to quickly prove they meet the two-year threshold entitling them to a hearing before a judge.
Also, if you have filed an application with the U.S. Citizenship and Immigration Services (USCIS), take a picture of the receipt. A pending application also affords you the right to a judicial hearing.
2. Remain silent
If confronted by an ICE agent, Alvarado said you should respectfully assert your right to remain silent. A respectful tone is important to maintain cordial communication.
3. Ask to see an official warrant
If immigration officials are knocking on your door, Alvarado advises not to let them in and instead ask them to present a warrant.
ICE agents are not legally allowed to enter your home if they do not have a warrant signed by a judge from a district court.
If they present their warrant, ask them to slip it under the door or hold it up to the window. Do not open the door to take it from them.
There are two types of warrants ICE might present. One is a document from ICE itself, and would be signed by an immigration judge. This type of warrant does not entitle them to enter your home. Ask the officer to please leave and remain silent.
An official warrant will say U.S. District Court at the top and will be signed by a judge. If an agent presents this type of document, they are entitled to enter and search your home.
You still have the right to remain silent.
What to do after arrest
If you have been arrested, Alvarado said to speak up and assert your rights.
1. Immediately request your right to an attorney
Even if you don’t have an immigration attorney yet, assert your right to speak with one. A right to counsel is one of the most basic guarantees in the U.S. legal system.
2. Assert if you’re afraid to return to your home country
Deporting a person who is afraid of persecution in their own country is contrary to international law. This should earn you the right to a judicial hearing.
3. Assert if you’ve been in the country for more than two years
Two years is the threshold for expedited removal. If you’ve been in the U.S. longer than two years, it is extremely important for you to say so and try to establish proof. Once you do, you are entitled to a hearing with a judge.
4. Assert if you have an immigration application pending
If you have filed an application with USCIS, you have the right to a hearing before a judge. A hearing before a judge will give you the chance to argue your case and receive due process under the law.
Guidance for other scenarios
What to do at work
Alvarado said that places of work have public and private spaces too. Immigration officials can enter public spaces, like a foyer or entryway, without a warrant. But they must have an official warrant to enter private spaces, such as an office or employee only room.
Alvarado recommended posting signs that indicate where public space ends and private spaces begin in places of work. That way it is clear to ICE agents where they can and can’t go.
What to do at school
Viridiana Carrizales of ImmSchools spoke at the news briefing about students' rights to go to school.
All students in the U.S. are mandated to attend school, regardless of their immigration status. Furthermore, schools are forbidden to ask about the immigration status of students or their families.
Schools are also required to maintain the privacy of their students and their families. That means they aren’t allowed to share information about a student with any outside organization or official.
Carrizales said parents should continue to send their children to school.
She also recommended that schools establish who is responsible for speaking with immigration officials if they do visit a school.
ICE agents must have an official warrant from a district court judge to enter school grounds beyond the common areas. The warrant should also stipulate what areas of the school the agents have permission to search.
Don’t forget your rights
Oscar Sarabia Roman of the American Civil Liberties Union said at the briefing that everyone should have the right to an attorney and the right to contest removal to their home country.
If you are in a situation where you are interacting with immigration officials, Alvarado said not to panic. Anxiety interferes with the ability to make clear decisions.
Alvarado said remaining calm will help you exercise your rights when it matters most.
The information provided in this news story is for general informational purposes only and should not be considered as legal advice. Please consult with a qualified attorney regarding specific legal questions.
