Legal Rights Immigrants Have When Faced with Raids and Round Ups

With escalating enforcement on immigrants, Luisa Montero offers legal protections that immigrants can use if ever faced with ICE officers.

Legal Rights Immigrants Have When Faced with Raids and Round Ups

While poverty, violence, and desperation continue to feed migration toward the United States, the reality for the million undocumented immigrant who live and work in this country is bleak. While roundups and deportations continue, and immigrant communities live in fear, we should remember that as human beings we continue to have rights.

That is why, if you are not an American citizen and do not have the necessary documents for legal residency in the United States, you need to know your rights. If you are arrested you have the right to remain silent and solicit the help of a lawyer. Do not reveal your migratory situation, do not lie, do not give fake documents and keep calm. Remember that all you say can be used against you.

You need to know that for immigration officers to enter your place of employment they must have a signed order by a judge or authorization from an employer. If you are in a public place, officers do not need an order. If you are arrested, do not sign anything until you are able to speak with a lawyer. If you do sign, you may have renounced your right to an audience before an immigration judge, or may have confirmed your illegal stay in this country.

"The worst mistake many people make is signing a deportation agreement. Many people let themselves be intimidated by officials who say that if they don't sign they will be detained for months," says immigration lawyer Jorge Rivera. He wants to make it clear that it is very important to find good legal council.

"A prepared soldier is worth two" is an old saying, and when there is the risk of being rounded up or being deported, it is better to have an emergency plan. Always have with you the contact information for your lawyer, or of a union or community representative who can help in case of emergency. For your family's well-being, have a trusted person who can make decisions in your place, as well as take care of your children, elderly, sick or disabled family members.

Now, if immigration officials arrive at your door, you have the right to see a judge's written permission to enter your residence. Do not open the door until you see this order and ask that they slide it under the door. If you open and give the agent permission to enter your house, they can claim you have given your consent. If they enter your home without a judge's order, ask for the agents' names and ID number, and make it clear you have not given your consent to the search. Take note of the names, addresses, and telephone numbers of witnesses of the incident.

If the officer has an order, pay attention that officers adhere to it, and not search beyond what is specified in the order. Ask for a list of everything taken by the agents.

At all times, and as difficult as it may be, the best option is to remain calm. When calm it is easier to make the best decisions. If you need to know if someone you know or a family member has been arrested by immigration officials, contact the local offices of immigration and customs, ICE.

If you wish to see a list of ICE detention points visit:

Luisa Fernanda Montero is a writer for La Oferta.

Translated by Stefanie Perez.

Photo from www.ice.gov.

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This article is part of the categories: Immigration  / Politics & Government  / Public Safety 
This article is part of the tags: civil rights  / ICE  / immigrants  / undocumented 

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