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In light of the new presidency of Donald Trump, characterized in its early days by severe measures against immigration such as threats of mass deportations and accelerated denaturalization policies, civil rights organizations have published a series of guides to help undocumented individuals protect themselves from arbitrary detentions.
Lisa Graybill, vice president of the National Immigration Law Center (NILC), advised immigrants to take the promises of the Trump administration seriously. “No one can assume they are safe unless they have a legal basis to be in the country,” Graybill said, as quoted by CNN.
Similarly, the American Civil Liberties Union (ACLU), the largest civil rights organization in the country, has published a guide to assist those who may be affected by the president's orders.
On its part, the Immigrant Legal Resource Center (ILRC) reminds us that all individuals in the U.S., regardless of their immigration status, have certain rights and protections under the Constitution of the United States. This includes, among others, the right to protection against arbitrary detentions and the right to remain silent in the presence of agents from the Immigration and Customs Enforcement (ICE).
Key Rights of Immigrants:
- Right to remain silent: According to the Fifth Amendment of the Constitution, you can refuse to answer questions from any agent, including ICE. You are not required to disclose your immigration status or provide personal information.
- Right not to sign anything without a lawyer: If an agent asks you to sign any document, you have the right to consult with a lawyer first. Do not sign anything without their advice.
- Right to deny access to your home without a court order: According to the Fourth Amendment, ICE agents can only enter your home if they have a warrant signed by a judge that specifies your full name. If they do not have one, you can refuse to open the door. If you have doubts, ask to see the warrant through the window or slide it under the door.
- Right not to allow searches of your belongings: ICE agents cannot search your belongings without your consent unless they have a court order.
How to prepare for a possible arrest or raid?
In light of the fear of possible raids or detentions, immigrants should be prepared. One of the most recommended tools is to carry a "Know Your Rights" card, which helps you remember your fundamental rights in case an agent knocks on your door or stops you on the street. This card can be obtained for free on the ILRC website and should be printed in the language of your choice.
What to do if an ICE agent knocks on your door?
- Do not open the door without checking: If the agent claims to have a warrant, ask them to show it to you before opening.
- Maintain silence and do not provide information: If the agent asks you for information about your immigration status, remember that you have the right to remain silent.
- Exercise your rights: If you choose not to open the door, you can show the "Know Your Rights" card through the window, which states: “I choose to exercise my constitutional rights.”
Tips for dealing with an arrest:
If you are detained on the street, at your workplace, or anywhere else, remember that you always have the right to an attorney. If you are detained by ICE, the government is not required to provide you with a lawyer, but it is obligated to give you a list of free or low-cost attorneys.
If an officer stops you in your vehicle, you have the right to remain silent and decline to answer questions about your immigration status.
What to do in case of a police detention?
In the event that the police stop you, it is important to know that they must have probable cause to make the arrest.
If you are stopped, you have the right to remain silent and to request an attorney. The ACLU recommends that if you do not have immigration documents, you should state that you wish to remain silent or consult an attorney before providing any information.
Additional scenarios:
- In the workplace: Although ICE may conduct raids at the workplace, immigrants still have the same rights under the Constitution, including the right to remain silent and not answer questions about their immigration status.
- At the border or airports: In these cases, agents from the Customs and Border Protection (CBP) may ask questions about your status, but they cannot detain you without having reasonable suspicion that you have committed a violation of immigration law.
What to do if you are arrested or detained?
- Carry proof of your legal status with you: It is important for all immigrants, regardless of their status, to carry their immigration documents. If you are over 18 years old and have legal status, the law requires you to carry your documents.
- Have a family action plan: In case of detention, it is essential for families to have a plan. This includes having contact with immigration lawyers, creating power of attorney documents to protect your children, and ensuring that your family can quickly locate you and contact your lawyer.
- Call an immigration lawyer: If you are detained, ask to speak with an immigration lawyer. If you cannot afford one, ICE is required to provide you with a list of free or low-cost lawyers.
Conclusion: Prepare and protect your rights
Although immigration policies under the Trump administration are creating a climate of uncertainty, it is essential that immigrants do not panic or forget their rights.
"Being informed about your rights, having your legal documents readily available, and always seeking legal advice can make a difference. While no one can guarantee absolute safety, being prepared is the first step to protect yourself and defend your rights in the country," these organizations warn.
Frequently Asked Questions about Immigrant Rights and Immigration Policies in the U.S. under the Trump Administration
What are the basic rights of immigrants in the U.S.?
Immigrants in the U.S., regardless of their immigration status, have fundamental rights under the Constitution. These include the right to remain silent, the right not to sign documents without legal counsel, and the right to deny access to their home without a valid court order. Additionally, they have the right to refuse searches of their belongings without a court order.
What actions has Donald Trump taken regarding birthright citizenship?
Donald Trump signed an executive order to deny birthright citizenship to the children of undocumented immigrants born in the U.S. This measure seeks to reinterpret the 14th Amendment of the Constitution, which has led to legal challenges due to its potential unconstitutionality.
What does the expansion of expedited removals in the U.S. imply?
The accelerated deportation policy allows ICE officials to swiftly deport undocumented immigrants who cannot demonstrate their presence in the country for more than two years. This means that immigrants could be deported without going through the immigration judicial system, which has raised concerns in migrant communities.
What should immigrants do if ICE knocks on their door?
If ICE knocks on your door, you are not obligated to open it or answer any questions. You have the right to request to see a valid warrant before allowing them access. It is advisable to remain silent and show a "Know Your Rights" card if you have one.
How does the Cuban Adjustment Act affect Cuban migrants in the U.S.?
The Cuban Adjustment Act allows Cubans to apply for permanent residency in the U.S. after one year and one day of physical presence in the country. Cubans with humanitarian parole can benefit from this law, which minimizes their risk of deportation; however, those with less than a year in the country or with deportation orders face greater risks.
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