Deportations have increased significantly under the Trump administration. The Constitution of the United States grants rights to all those living within the borders of the country. No matter your documentation status, you have these rights, and should you be approached by the police or Immigration and Customs Enforcement (ICE), this is what you need to know:
- You have the right to remain silent. Do not volunteer information about your immigration status or country of origin. You may request your attorney be present when speaking to law enforcement.
- Unless an officer has a signed warrant from a judge, you do not have to open the door to a law enforcement officer.
- You have the right to speak with an attorney, and may simply say to an officer “I would like to speak with a lawyer/attorney.” Officers may try to get you to sign documents waiving your right to an attorney. Have a lawyer look at all documents prior to signing anything.
- Carry valid immigration documentation. Be sure to have these documents with you for identification purposes.
The stances of the current administration do not change these rights granted to you by the Constitution. You are protected by law. It is important to keep a contingency plan in place. Memorize the numbers of friends, family and your attorney to call in case of arrest. Should you have children, create a plan should be are detained, and keep important documents where they can be accessed by a family member in case of an emergency.
Ask Henry Lim
Do you have a question for Henry Lim? During over 20 years of practicing law, he has helped more than 10,000 families move to the United States. You can Ask Henry a question at firstname.lastname@example.org or submit a video question by sending a link to one of our channels. For legal assistance, email or call for an appointment: (407) 512-9919. Our first consultation is complimentary.
Photo by Fibonacci Blue from Minnesota, USA, via Wikimedia Commons