Know Your Rights: Understanding Immigration Enforcement and Your Options
In times of heightened immigration enforcement, knowing your rights and making informed decisions is crucial. While some strategies emphasize non-cooperation, it's important to recognize that a one-size-fits-all approach may not work for everyone. Below, we outline key actions you can take to ensure you are prepared and informed, with a focus on making the best decision for your unique situation.
1. Make a Plan
Preparation is key to safeguarding your family. Take these steps to ensure your loved ones are protected in case of detention:
Record essential information about yourself, your children, and other family members.
Appoint a trusted adult to care for your children if necessary.
Store your immigration documents in a secure location.
Consider setting up an Authorization Agreement for the care of your child and provide necessary information to the designated caregiver.
2. Know Your Rights and Consider Your Options
While exercising your rights can help protect you, it is also important to weigh the risks and benefits of each approach. Some individuals may choose full non-cooperation, while others may find a different approach more beneficial.
Do not open the door unless the officers have a valid warrant signed by a judge.
Remain silent if you choose not to engage with immigration officers.
Understand the implications of signing documents before speaking with an attorney.
Show the Red Card and request to speak with your lawyer if necessary.
You have the right to remain silent, but also the option to communicate if you believe it is in your best interest.
Request an attorney before answering any questions.
Avoid carrying foreign identification documents that may be used against you.
Immigration enforcement policies have expanded expedited removals. Understanding how these policies apply to you is crucial when deciding on your response strategy.
Within 100-Mile Border Zones
Customs and Border Protection (CBP) agents have increased authority in these areas, including bus and train stations. Know your rights and assess your options before engaging.
Establish a response plan with your employer and coworkers.
Weigh the risks of engaging versus remaining silent when approached by immigration agents.
Clearly mark private areas in the workplace to restrict unauthorized access.
Request to speak with a lawyer immediately.
Do not answer questions unless you have legal counsel advising you.
Understand the consequences of signing documents before making a decision.
Download the Know Your Rights App ("knowyourrights4immigrants") for iPhone and Android.
3. Sensitive Locations and Safety Protocols
Although schools, hospitals, and places of worship were previously considered sensitive locations, they are no longer protected from immigration enforcement. However, institutions can take steps to protect students, members, and patients.
All students have a constitutional right to a free public education.
Schools should establish a protocol to protect immigrant and refugee students.
Report any immigration enforcement activity to MALDEF at 213-629-2512, x141 or info@maldef.org.
Hospitals and Healthcare Centers
Develop an advocacy guide with policies and protocols to protect immigrant patients.
Clearly delineate non-public spaces where access can be restricted.
Understand legal protections for sanctuary congregations.
4. How to Find Someone Detained by ICE
If a loved one has been detained, you can search for their location using the ICE detainee locator at locator.ice.gov.
Search by A-number and country of birth, or
Search by name and country of birth.
5. What to Do as a Bystander
If you witness an immigration enforcement action:
Record the encounter without interfering.
Assess your personal risks before intervening.
Report ICE raids by calling 1-844-363-1423 or texting 877877.
6. Call an Immigration Hotline for Assistance
Stay informed and seek help from the following hotlines:
HILSC Immigrant Resource Hotline: 1-833-468-4664
National Immigration Detention Hotline: 209-757-3733
NAKASEC Hotline: 844-500-3222
CASA Raid Hotline: 1-888-214-6016
Choosing the Right Approach
There is no single best way to respond to immigration enforcement actions, and different approaches work for different individuals. Whether you choose to exercise your right to remain silent or engage strategically, it is essential to stay informed, seek legal counsel, and develop a plan that works best for you and your family.
For more legal guidance, contact our office today.