Know Your Rights: If ICE Knock on Your Door!

All individuals living in the United States, including undocumented immigrants, have specific rights under the U.S. Constitution. If you are an undocumented asylum seeker in the U.S. and immigration officers (ICE) come to your home, you should be aware of the following rights:

You Do Not Need to Open the Door

1-You are not required to open the door or allow officers to enter your home unless they have a valid search warrant signed by a judge.
2-An ICE deportation order is not the same as a search warrant. If that is the only document they have, they cannot legally enter unless you verbally give them permission.
3-If officers claim they have a judge-signed search warrant, ask them to slide it under the door or show it through a window so you can examine it.
4-If the warrant does not include your correct name and address or is unsigned, you are not required to open the door or let them in.
5-If you choose to speak with the officers, you do not need to open the door. You can talk to them through the door or step outside and close it behind you.

You Have the Right to Remain Silent

1-You do not have to speak to immigration officers or answer any questions.
2-If they ask where you were born or how you entered the U.S., you can refuse to answer or remain silent.
3-If you choose to stay silent, say: “I choose to remain silent.”
4-You can hand them a “Know Your Rights” card (English) (Farsi) explaining that you wish to remain silent and speak with a lawyer.
5-You can refuse to show any identification documents that indicate your country of origin.
6-Do not present false documents or provide false information.

You Have the Right to Speak to a Lawyer

1-If you are arrested or taken to a detention center, you have the right to legal representation and a phone call to contact your lawyer. Request a copy of the “Detainee’s Guide” to understand the detention center’s rules.
2-Even if you do not have a lawyer, you can tell immigration officers that you want to speak with one.
3-If you have a lawyer, you have the right to contact them. If you have a G-28 form indicating legal representation, show it to the officer.
4-If you do not have a lawyer, ask an immigration officer for a list of pro bono attorneys.
You also have the right to contact your consulate.
5-The consulate may assist you in finding a lawyer.
6-You may refuse to sign any documents until you have spoken with a lawyer.
7-If you choose to sign anything without legal consultation, make sure you fully understand the document’s content and implications before signing.
8-If you do not have enough money in your account after 10 days, you have the right to request a free phone call to your family or friends.

This document is for informational purposes only and does not constitute legal advice. You should not act or rely on the information provided here without consulting a licensed immigration attorney.

This post is sourced from the Chodorow Immigration Law Office website.