Undocumented, Not Unprotected: Know Your Rights and Stay Safe
Knowing your rights is one of the strongest superpowers you can have. Understanding what can and cannot happen to you according to the law is the best way to protect yourself and your loved ones when you face uncertain times. Undocumented people residing in the United States have the right to defend themselves. Especially in the face of federal immigration raid threats.
With renewed interest in mass deportations and mass detentions, we want to ensure that undocumented people in our community know their rights. Organizations across the country are ready to help those who need support. Here are the rights you need to know and some organizations ready to help.
Know your rights as an undocumented person in the U.S.
You don’t need to open the door for Immigration and Customs Enforcement (ICE) officers. If ICE officers come to your door and demand entry, you have the right to refuse their entrance and ask them to show you a search warrant or arrest. ICE agents are not allowed to unlawfully enter your home or your car. A judge must sign the search or arrest warrants to grant them access to your home or car. Do not comply if the agents offer an ICE “warrant,” as these are ICE forms that ICE officers sign, and they do not grant them access to enter your home.
You have the right to remain silent. If an ICE agent arrests you, you have the right to remain silent. You do not need to answer any questions from ICE agents, as anything you say to them could be used against you in future court proceedings. Do not answer any questions. Instead, tell the agent: “I will be exercising my 5th Amendment right to remain silent.”
You have the right to speak to an attorney before you sign anything.
If ICE detains you, do not sign anything they give you without speaking with an attorney. Often, law enforcement might coerce you to sign a document without giving you time to read it in full or might mislead you on what it means, especially if you are not a native English speaker. You have the right to legal counsel, and when you request an attorney, the questioning should stop until one is present to represent you.
If you are not a U.S. citizen, make sure you have all of your documentation with you at all times. This includes Deferred Action for Childhood Arrivals (DACA) documentation, Green Cards, Work Permits, Visas, etc. Keep these documents on you at all times so you can show the documentation to the agent upon request. Do not give ICE agents false documentation or information, nor should you lie about your immigration status, as it can become a criminal matter.
Record the interaction if you feel safe doing so. If you think agents are violating your rights, use your phone to record the interaction. This arrest or forcible entry documentation could prove valuable in your case if ICE agents break the law. Recording the police and ICE agents is a legal practice that could significantly protect you and your loved ones.
Organizations that are here to help you navigate an uncertain future
The Coalition for Humane Immigrant Rights (CHIRLA)
The Los Angeles-based organization’s mission is to achieve a just society fully inclusive of immigrants. Since its foundation in 1986, CHIRLA has been fighting for immigrant rights. Over the decades, it has worked tirelessly to defend immigrants and immigrant communities in court, the halls of power, and the streets, working to create an equitable and more just future for immigrants.
Refugee and Immigrant Center for Education and Legal Services (RAICES)
The Texas-based organization was a major force during President Trump’s first administration. In 2016, the organization helped hundreds of migrant women and children settle into a shelter in San Antonio. In 2018, following devastating photos of families separated at the southern border, a Facebook fundraiser brought the organization more than $20 million from the sheer outrage of the images being shared. Also created in 1986, RAICES’ mission is to defend the rights of immigrant, refugee, and asylum-seeking people and families, empower communities, and advocate for liberty and justice.
Immigrant Legal Resource Center (ILRC)
The ILRC’s mission is to work with and educate immigrants, community organizations, and the legal sector to continue building a democratic society that values diversity and the rights of all people. The ILRC has a tab on its website with community resources to keep immigrant communities and undocumented people safe. The ILRC offers guidance on seeking legal help in your area, creating an immigration preparedness kit, reporting ICE activity, and many other resources to keep our communities safe.
National Immigration Law Center (NILC)
With the mission to advance and defend the rights and opportunities of low-income immigrants and their loved ones, the NILC is ready to fight for immigrant rights in the face of the incoming administration. The resource section of their website is filled with information, from DACA updates to President Trump’s actions and what they mean, as well as many other valuable bits of information to better inform and protect you and your loved ones.
