Knowledge is Power: Understand Your Rights
Understand your rights– When dealing with law enforcement and immigration officials, it is important for non-citizens and citizens alike to understand your rights. Whether you are a citizen or not, knowing and evoking your rights helps to uphold the rights of everyone.
What are my rights when crossing the border into the U.S.?
– Border crossing has a few important rights to know. When crossing an international border, everyone is required to show I.D. (usually a passport) and submit to a search if deemed necessary by border agents. Border agents can search your person, your belongings and your vehicle.
What are my rights when I’m in a home?
– To enter a home, law enforcement (including I.C.E.) must have a search warrant signed by a judge or obtain verbal permission from someone at the house. Speak with officers or agents through the door, but you are not required to open it. Ask them for I.D. Next, ask them to show you the warrant through a window or ask them to slide it under the door. If they do not have a warrant, you do not have to allow them to enter. If law enforcement does enter your home, inform them if there are children present, reaffirm to them you do not consent to a search and document as much as possible. Having cameras in or around your home could help with this.
What are my rights while walking on the street?
– If you are stopped by law enforcement on the street do not run. You may have to identify yourself verbally, but in California you are not required to provide I.D. if law enforcement has no reason to suspect you of a crime. You have the right to remain silent and are not required to answer any questions, including those regarding your immigration status. You may simply ask, “Am I free to go?”
What are my rights while I’m at work?
– There are two ways law enforcement and immigration agents can enter your workplace is with a valid warrant or permission from your employer. Do not flee. Make sure your coworkers know they have the right to remain silent. Elect a workplace representative, and if you are in a union, inform your representative.
What are my rights when pulled over driving a car?
– In this situation you are required to provide a valid driver license upon an officer’s or agent’s request. Just like when you are at home, you have the right to remain silent, and you should never consent to a search.
What are my rights when I am the passenger in a car?
– Just like every other situation, do not flee. Immediately ask if you are free to leave. If you are not, you still have the right to remain silent and answer no questions. Unless you are suspected of a crime, you are not required to provide I.D. and do not even have to verbally identify yourself.
Have a plan in place.
– Make sure you, your family, your friends and your coworkers all know their rights. If you have children, have someone lined up who will be able to take care of them in the event you are taken into custody. Memorize important numbers for when you are allowed a phone call. Do not speak to anyone while in custody, including other prisoners as many are undercover informants. You also have the right to not sign any documents without a lawyer present. If you have a lawyer, keep their number somewhere your family can find it. Although you have the right to a lawyer, the state does not have to provide one to you in immigration cases.