What are your rights as an undocumented immigrant?
Undocumented immigrants across Sonoma County are asking a commonly held question these days: What rights do I have if federal immigration officers knock on my door or arrive at my workplace?
Legal experts say the answer is not much different than if the question were asked by a U.S. citizen. In such situations, the same rights are granted by the Constitution and afforded anyone who sets foot in this country.
If U.S. Immigration and Customs Enforcement, or ICE, comes to your home, the San Francisco-based Immigration Legal Resource Center, or ILRC, recommends staying calm. Do not run away, and do not provide false information.
The ILRC advises documented and undocumented immigrants they have the following rights and can take these actions:
You have the right to remain silent. You can refuse to speak to an ICE agent. Immigrant advocates recommend not answering any questions, especially about your birthplace, immigration status or how you entered the United States. If your encounter is with a local law enforcement agent, ILRC recommends that you give only your name.
You have a right to speak to a lawyer and the right to make a phone call. Make sure you carry the phone number for an immigration lawyer with you at all times, advocates say.
You have the right to demand a warrant before letting anyone into your home. Do not open the door to authorities without a warrant. You do not need to open the door unless an ICE agent shows you a warrant signed by a judge with your specific and correct name and address on it. If they say they have one, do not open the door for them to show it to you. Ask them to slip it under the door or through a window.
You have the right to refuse to sign anything before you talk to a lawyer. Do not sign paperwork you don’t understand. Doing so could eliminate your right to speak with a lawyer or have a hearing in front of an immigration judge. This may result in you being deported immediately without a hearing.
The American Civil Liberties Union said that only a warrant issued by a court and signed by a judge allows officers the right to enter your home. A warrant issued by the U.S. Department of Homeland Security or ICE and signed by a DHS or ICE employee is not sufficient for entry into your home.
The ACLU further advises:
If agents force their way into your home or property, do not attempt to resist.
If you wish to exercise your rights, state, “I do not consent to your entry or to your search of these premises. I am exercising my right to remain silent. I wish to speak with a lawyer as soon as possible.”
Everyone in the residence also may exercise the right to remain silent.