Know Your Rights: Essential Immigration and Legal Protection Tips

Navigating the immigration system in the U.S. comes with its challenges, especially when it comes to understanding your legal rights and responsibilities. Whether you are a lawful permanent resident (LPR), have another legal immigration status, or are undocumented, being informed and prepared can make a significant difference in preparing yourself and your family for the recent changes in the U.S. immigration system. Below, we outline essential steps to help you stay safe, avoid trouble with law and immigration enforcement, and respond effectively in case of an emergency.

Avoiding Legal Trouble and Law Enforcement Issues

One of the most crucial ways to safeguard your immigration status is by avoiding unnecessary legal trouble and contact with law enforcement. Here are some key tips to keep in mind:

• Obey all laws, including traffic rules, and avoid any criminal activity or association with gang members.
• Do not drink and drive or use illegal substances, including cannabis. Avoid drinking excessively, especially in public.
• Avoid domestic disputes or other conflicts and always obey court orders such as protective orders.
• Keep your vehicle in good repair, and never drive without a valid driver’s license, registration, and insurance.
• Avoid public disturbances, such as loitering, spitting, or littering.
• Stay aware of your surroundings and avoid unnecessary interactions with law enforcement and Immigration and Customs Enforcement (ICE) if possible.

Even minor infractions could lead to an encounter with law enforcement, so it’s crucial to be cautious and proactive in following these guidelines as law enforcement contact can lead to issues with immigration enforcement.

Preparing for Emergencies

Emergencies can happen at any time, so preparation is key. Consider these steps to protect yourself and your loved ones:

• Memorize key phone numbers, including those of a trusted emergency contact and an immigration lawyer.
• Gather and secure important documents such as IDs, passports, birth certificates, social security cards, medical and school records, and financial information.
• Save money for legal fees and bonds in case you need representation or are detained.
• Establish a limited power of attorney or guardianship documents if you have children or property that need to be protected in your absence.

By preparing ahead, you can respond quickly and effectively in case of an emergency without unnecessary panic.

Understanding Your Immigration Status and Rights

It’s vital to understand your immigration status and know your legal options. Here’s what you need to do:

• Know your “A Number” (Alien Registration Number), which is a unique nine-digit number assigned to non-citizens. Your emergency contact and lawyer should also have this number.
• Check your immigration case status by calling 1-800-898-7180 to see if you have any pending immigration court hearings or deportation orders.
• Request your immigration records through a Freedom of Information Act (FOIA) request to ensure you have access to important immigration documents.
• Avoid immigration scams—seek advice only from a licensed immigration attorney, not a notary.
• Never leave the U.S. without consulting a lawyer, unless you are a U.S. citizen or legal permanent resident.

What to Do If ICE or Police Stop You

If you are stopped by law enforcement or immigration agents (ICE), you must tell them your name and you should never lie. If you are a legal permanent resident, you need to carry proof of your legal residency with you (your green card).  However, you should ask first if you are free to leave and remember these critical rights:

• You have the right to remain silent—do not discuss your immigration status with anyone except your lawyer.
• Do not sign anything without first consulting a lawyer, as it could be an admission of certain facts or agreement to deportation.
• You have the right to contact your lawyer or consulate but note that asking to contact your consulate may confirm your country of citizenship.

If Stopped While in a Vehicle

• If you are the driver, stop the car safely and quickly, open your window, and keep your hands on the wheel. Provide your license, registration, and insurance when requested, but remember that besides giving your actual name, you have the right to remain silent.
• If you are a passenger, ask if you are free to leave—if yes, exit calmly and silently.
• If the police ask you for your consent to search the vehicle, you have the right to say no. However, they may have a legal basis to search the vehicle without your consent.

If ICE Comes to Your Home

• Do not open the door unless officers show a valid warrant from a court that is signed by a judge or magistrate (not just an ICE warrant).
• Ask them to slide the warrant under the door or show it through a window to verify details like name, address, signature of the judge or magistrate, and the dates the warrant is valid.
• If the warrant is incorrect, invalid, or not signed by a judge or magistrate, do not allow them inside.
• You can consider stepping outside to avoid unnecessary risks to other residents if the warrant names you.

Immigration Agents at Workplaces, Businesses, or at other Organizations

• ICE agents need permission from a business owner or supervisor to enter private areas of a business or organization.  However, they can enter areas open to the public without permission.
• Business owners and organizations should choose a contact person to review warrants and interact with the ICE agents.
• Employees or Staff should inform ICE agents that they need to speak with the contact person, owner or supervisor, and that they do not consent to search of private areas.
• You may be required to state your name, but you do not have to reveal your or anyone’s immigration status.
• Ask if you are free to leave. If not, remain silent and request a lawyer before providing any further information.

Final Thoughts: Stay Informed and Prepared

Knowing your rights is the best way to protect yourself and your family. If you ever find yourself in a situation involving law enforcement or immigration officials, remember to stay calm, be polite, and exercise your right to remain silent until you have legal representation. Provide your real name and never falsely identify yourself or lie. However, if you do have legal immigration status, you should consider carrying proof of this status with you.  If you are a legal permanent resident, for example, you must carry your legal permanent resident card (green card) with you at all times. Additionally, being prepared by having an emergency plan and by memorizing key phone numbers such as your emergency contact can ensure you are able to react as quickly and calmly as possible.

For further legal assistance, you can contact: Call Meghan Phillips at 703.369.4738 or email  mphillips@vfnlaw.com

This blog post is not intended to provide legal advice or substitute for the advice of legal counsel with respect to specific facts and situations. See disclaimer