Introduction
Navigating the complexities of immigration laws and encounters with authorities can be daunting for immigrants in Memphis. This comprehensive guide is crafted to empower you with a clear understanding of your rights, providing practical advice for various scenarios.
When Authorities Visit Your Home
Make yourself sure that the warrant includes your exact address, your name, or the name of someone who is in the house. If the order has your name or the name of a person who is at the house, it is better if the person named in the order steps out so as the officers do not enter the house.
If there is a warrant:
Make yourself sure that the warrant includes your exact address, your name, or the name of someone who is in the house. If the order has your name or the name of a person who is at the house, it is better if the person named in the order steps out so as the officers do not enter the house.
If there is NO warrant:
If the agent has no warrant with your address or the warrant does not have your name or the name of someone who is in the house, do not open the door and say that you do not consent to the search. If the authorities enter without a warrant, ask for the agents’ names and badge numbers. Say again that you do not provide your consent to the authorities’ entrance.
What to do if your car is pulled over?
Never carry a false document in your car. Immigration or the police may search your car. If you do not have a driver’s license, you can say that you do not have one. You do not have a legal duty to show your passport.
Interactions with ICE or Police: Navigating Your Rights Confidently
You only have the duty to reply if you are asked your name. You have the right to remain silent and to not answer other questions. Anything you say will be used against you. Ask if you are free to leave. If the answer is yes, leave calmly. In encounters with ICE or the police, understanding your of rights and responses is vital. Here’s an expanded list of actions and considerations:
- Assert Your Right to Remain Silent: Beyond stating your name, you’re not obliged to answer any other questions.
- Request an Attorney: If detained or questioned, ask for a lawyer immediately.
- Do Not Sign Documents: Avoid signing any documents without consulting your lawyer.
- Refuse Consent for Searches: You’re not required to consent to any searches without a warrant.
- Avoid Providing False Information: Never give false information or documents to ICE or police.
- Record Encounter Details: If possible, safely document the details of the encounter.
- Know Your Deportation Risk: Understand your specific situation regarding deportation risks.
- Contact Your Consulate: You have the right to contact your home country’s consulate.
- Understand Bail Rights: Know your eligibility for bail or bond in case of arrest.
- Health and Safety Concerns: Express any health or safety concerns you might have while in custody.
- Family Communication: Request to inform your family about your location and status.
- Language Assistance: If you’re not fluent in English, ask for an interpreter.
- Avoid Discussing Immigration Status: You’re not required to disclose your immigration status.
- Know Your Visa Conditions: Be aware of your rights and restrictions under your specific visa type.
- Seek Community Support: Reach out to community organizations for assistance and guidance.
- Document Legal Status Changes: Keep records of any changes in your immigration status.
- Prepare for Future Encounters: Develop a plan for potential future interactions with ICE or the police.
What to do if there is an arrest?
If a person is arrested, someone who is free must call an attorney as soon as possible. Memorize the phone number of an attorney or a person of your trust who is in the United States legally. If you are arrested, assert your right to make a phone call.
Create a family plan
- Assign a power of attorney to a relative or person of your trust to manage your property and accounts during your absence.
- Create an emergency contact list for your family. Share a copy with your children and relatives, with your children’s schools and with persons of your trust.
- Prepare a power of attorney for the care of the minors. This document allows a relative who is not a child’s mother/father to register the child in public school, make school or health-related decisions and make other important decisions on behalf of the minor. This must be updated every year. Keep the school updated with name and contact information.
- If your children were born in the U.S., apply for citizenship of the parents’ countries of origin. Contact your country of origin’s consulate.
- It is the law to carry immigration documents. People 18 and older should always carry immigration documents.
- Organize a folder with important documents. Keep it in a safe place (with certified English translations).
- Find an immigration attorney. You should be able to trust your attorney and always carry your attorney’s information with you.
- Avoid fraud.
- Do not use a public notary to obtain legal advice. In the U.S., notaries are not attorneys and must not offer legal help.
For a more in-depth guide on creating a comprehensive family plan, read A Comprehensive Guide to Immigration Family Planning. This resource provides detailed steps and considerations to build a robust family plan.
When talking to a lawyer
Talk to a lawyer or representative who is accredited before the Board of Immigration Appeals (BIA). Request the following information from your legal advice provider: credentials, contract and how much you will pay, copies of the contract and every document filed in your case and payment receipts signed and dated by the provider in your language of choice. Keep your original documents in a safe place at your home and give copies of the requested documents to your legal advisor.
