Immigrant Rights at Risk: What You Need to Know to Protect Yourself

In the midst of President Donald Trump’s mass deportation plan, it is crucial to prioritize the safety of you and your loved ones. Trump’s deportation efforts have not only been shown to disrupt the public’s safety, but also significantly affect the rights of immigrants and individuals suspected of being immigrants. The Laken Riley Act signed on Jan. 29 is a bill that expands the detention and deportation of immigrants who are accused — but not convicted — of nonviolent theft offenses. This significantly increases the amount of daily arrests on immigrants, whether they are accurately accused or not. 

In light of these changes, it’s more important than ever to understand and assert your rights. If you are an immigrant, have immigrant family members, or are accused of being one, it is important that you know your rights. Defending your rights when questioned or detained by ICE or police is key to ensuring the best possible outcome. In these troubling times, it is necessary to show support to the people around you. Below is some important information to know in case of an emergency. 

What to Do if You Are Stopped By ICE or Police

If you or someone you know gets questioned or stopped, make sure to remember your rights: In the U.S, you are allowed the right to remain silent, to reject the search of personal belongings without a warrant, and to a lawyer. You are also allowed to ask for a list of low-cost or free attorneys in the area if you do not already have one.

What to Do If You Are Arrested

Before accidentally incriminating yourself, remember your right to remain silent. It is also in your best interest to ask to speak to a lawyer immediately. In addition, you have the right to make a phone call after being arrested. Along with your rights, make sure that you have important information with you or in the hands of someone you trust. This can look like immigrant documents or your immigration number. If you or someone you know believe that your rights were violated, it’s important to write down the officer’s badge number, car number, or any details that are essential to remember. You can also file a complaint to the Department of Justice or your local police department if necessary.  

What to Do If Police or ICE Show Up At Your Home 

This situation can be nerve wracking, but make sure to stay calm and remember your rights. Before opening your door or letting authorities into your home, you should ask if they have a warrant to enter. If not, you don’t have to let them in. If you already opened your door, you still have the right to refuse entry. Remember, an arrest warrant is not the same as a Form I-205, which is a deportation warrant. This means that with the Form I-205, they are still not allowed to enter without consent. Also, make sure to remember to consult with your lawyer if you’ve been presented with documents or information. 

Additional Steps to Stay Safe

Some other ways to stay prepared and ensure you or your loved ones’ safety is to keep a list of emergency contacts nearby. If you or someone you know was detained by ICE, you can locate them through ICE’s online detainee locator. You should also make sure to never disclose or share any private immigration information online, along with avoiding suspicious websites or messages about your immigration status. When in doubt, contact an attorney about any additional questions or advice you may have. Remember, knowledge is power and will secure the best outcomes in troubling times.

Resources for Additional Help

• Know your rights: https://www.nilc.org/resources/?resource_type%5B%5D=know-your-rights
• Red Cards: https://www.ilrc.org/red-cards-tarjetas-rojas
• Immigrant Legal Resource Center: https://www.ilrc.org/ 

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