How to Protect Yourself as an Immigrant in the US

As an immigrant, you have certain rights. Being an undocumented immigrant does not mean you do not have specific laws protecting your rights. Knowing and understanding these rights can help you protect yourself.

“You do not just protect yourself when you are aware of these laws. You also get to protect your family and other loved ones. These laws come in handy during interactions with law enforcement, ICE (Immigration and Customs Enforcement), or border patrol agents,” says Zaira Solano of Solano Immigration Law Firm.

This article provides an understanding of the legal protections in place and the rights they ensure. The article will also guide you on how to protect yourself in various scenarios you may encounter every day. This includes home visits from law enforcement agents, traffic stops, airport screenings, and immigration detention.

Scenario 1: When Law Enforcement Questions Your Immigration Status

What You Should Do When Questioned

There are three ways to mitigate risks and stay safe in such situations. 

First, stay calm. Do not argue, run, or resist. Doing so may alarm the officers. Even if you believe your rights are being violated, remain calm. 

Secondly, keep your hands open so that law enforcement agents can see them. Avoid any sudden movements that may cause the officer to perceive you as a threat.

Thirdly, do not lie about your status. When you do, it may backfire if the officer runs a check. Do not present false documents to the officer, as this may result in criminal charges.

What You Should Do When Pulled Over While Driving

When you pull over, the officer will ask for your driver’s license, registration, and proof of insurance. Ensure that you provide these documents to them. The law does not require you to answer if they ask you about your immigration status. 

What You Should Do When Pulled Over at the Airport

It is perfectly normal for Customs officers to ask about your status. If you are a lawful permanent resident, provide them with documents confirming your identity and residency. 

If you are a visa holder, answer their questions. Do not avoid providing an answer, as this may lead to denial of entry into the country.

What Your Rights Are

There are three major rights you should note. 

The law grants you the right to remain silent so you do not make statements that may incriminate you. You can remain silent about your immigration or citizenship status when questioned. However, ensure you communicate your choice to remain silent.

Some officers may want to conduct a stop-and-search operation in or on your home. When this happens, ask for their warrant. If they cannot provide a warrant, you have the right to refuse a search without probable cause.

You should ensure that you carry valid immigration papers. You do not have to be a US citizen to carry legal papers. Ensure you are always with the necessary documents.

Scenario 2: If Stopped by ICE, Police, or Border Patrol

What You Should Do

You should stay calm and polite when answering questions. Don’t obstruct or resist an officer. Avoid the urge to present false documents or fake IDs or tell a lie, as this may ultimately backfire.

The second important point is that you should always have emergency plans in place. These plans include memorizing key phone numbers, preparing for child care, and keeping medication accessible in case the officers detain you. 

Knowing What Your Rights Are 

You can decide to remain silent. Communicate this right clearly by saying, “I choose to remain silent.”

You should also know that an officer has no right to search you without a warrant or probable cause. A police officer may do a pat-down if they suspect a weapon, but you can refuse an unlawful search if that is not the case.

The Constitution guarantees your right to counsel. However, if you are in immigration detention, you do not get an attorney for free.

Steps to Take After Your Arrest or Detention

Demand a legal representative immediately after your arrest. Ensure that you do not sign any documents until you have consulted with an attorney. If ICE contacts you in jail, do not answer questions or sign anything before speaking with a lawyer.

If you already have an attorney, you should contact them. Note that the police cannot listen in on calls you make to your attorney. You are protected by the attorney-client privilege.

When in the US, you receive an Alien Registration Number (A-number). Share this contact information with your family members and loved ones. It can help them locate you in detention. 

If ICE or the Police Come to Your Home

What You Should Do

Do not open the door immediately when you hear a knock. Speak through a door, window, or peephole. Ask for ID and request to see a badge or warrant.

They have no right to enter the premises without a warrant. Resist the urge to open your door if they have no warrant. However, you should be aware that if they have a deportation warrant (Form I-205), they do not require your permission to enter the premises.

However, if they do not have a warrant and make a forced entry, do not argue or resist. Express your lack of permission by saying, “I do not consent to this search. I will not speak until my lawyer arrives.” 

If You Are Detained While Awaiting an Immigration Hearing

What Your Rights Are

Request a bond hearing before an immigration judge. Ensure you engage an attorney and your family.

What to Do if You Have a Deportation Order

A deportation order is not the end of the road. You have the right to challenge the order in court. Do not sign a “Stipulated Removal Order” or agree to voluntary departure if you have not yet engaged an attorney.

Ask to appear before an immigration judge if you fear persecution or torture in your home country. This may make you eligible for asylum.

What to Do if You Believe Your Rights Are Violated

The most important thing to do is to document the incident. Write down names, badge numbers, and what happened.

If you are injured, seek medical attention and take photographs. Next, you can make an anonymous complaint through internal affairs or a civilian review board.

Concluding Remarks

Every immigrant in the United States has rights, regardless of their immigration status. Thus, knowing these rights is essential as they act as your first line of defense.

It is essential to remain calm when interacting with law enforcement and to avoid signing documents until you have received legal advice from an attorney.