The Catholic Legal Immigration Network, Inc. (CLINIC), which promotes the dignity and protects the rights of immigrants in partnership with a dedicated network of Catholic legal immigration programs, has published several “Know Your Rights Flyers,” in response to the new presidential administration to help inform all people in the United States, including undocumented immigrants, of their constitutional rights and protections.
Following is some of CLINIC’s Know Your Rights information. To learn more, please visit cliniclegal.org.
Know Your Rights in Public Spaces:
If you are in a public space, such as a street or sidewalk, and the U.S. Immigration and Customs Enforcement (ICE) approaches, you have rights that protect you.
• If ICE approaches you in public, you may ask if you are free to leave. If the answer is “yes,” calmly, slowly, and quietly walk away. Do not run or speak. If they say “no,” do not walk or run away. Stay where you are.
• You have the right to refuse a search. You do not have to consent to a search of yourself or your belongings. State clearly that you do not consent. Refusing consent may not stop the officer. An officer may pat you down above your clothes if they suspect, for example, you have weapons or drugs in your possession. If the officer proceeds to pat you down or conduct a full search, stay calm, do not resist the inspection, and keep your hands where the officer can see them. Stating your objection preserves your rights. Thereafter, the officer cannot arrest you without a warrant or proof you have committed a crime.
• You have the right to remain silent. You do not have to answer any questions without the presence of your legal representative. (In some states, you may be required to state your name if an officer asks you to identify yourself and an officer may arrest you for refusing to do so.) You can show the officer your Know Your Rights card or tell the officer you are exercising your right to remain silent. If you must speak, only say that you would like to speak to your legal representative before answering questions.
• You have the right to speak to a lawyer. If the officer tells you that you cannot walk away, you have been detained. You should ask to speak to a lawyer and then remain silent. You have the right to speak to a legal representative. It is okay if you have not hired a legal representative; you still have the right to consult with one.
Know Your Rights in Your Home:
If you are home and ICE (immigration officer) knocks on your door, you have rights that protect you.
• You do not have to open the door. If ICE comes to your door, generally there are only two ways in which they can lawfully enter your home: 1. With your permission or the permission of someone in your home: or 2. With a search warrant issued by a judge.
• You should not invite the officer into your home. If ICE tells you they are there to arrest someone or search the home, do not open the door or invite them into your home. Opening the door may give them permission to enter. It is important to also tell this to others in your home, including children. If your child opens the door, that may give ICE permission to enter the home.
• If the ICE officer says they have a warrant, ask for their identification and review the warrant. It must be issued by a judge and not just the enforcement agency. ICE cannot enter your home without a valid search warrant. Talk with the officers through the door and ask them to show you their identification and the warrant. Review the warrant to determine if it is valid:
o The warrant must be a search warrant. There are search warrants and arrest warrants. ICE cannot enter your home with an arrest warrant. They must have a search warrant.
o The warrant must have the correct address. If the address on the warrant is incorrect, ICE cannot search your home, unless you grant them permission.
o The warrant must have a judge’s signature. To be valid, search warrants must be signed by a judge. If an immigration officer signs the warrant, it is not a valid search warrant. Without a warrant signed by a judge, ICE cannot search your home, unless you grant them permission.
• You have the right to remain silent. If ICE has a valid warrant and enters your home, you can choose to remain silent. If you must speak, tell the agent that you would like to speak to a lawyer before answering questions.
Other:
• Only provide your identification when the law requires you to do so, talk to a local advocate about whether and when you must produce identification. For example, in most states, you must show a driver’s license if you have one and you are pulled over; you also must show your immigration identification to an immigration officer who requests it if you have lawful status and are not a U.S. citizen.
• Do not tell the officer your country of nationality.
• Do not answer questions.
• Do not sign paperwork.
• Do not carry false documents.
• Do not physically interfere with the search.