Know Your Rights

It is important that our family, friends, and co-workers know what are rights are and how to defend them.

Do not let ICE enter your home without permission

To be able to enter a building, home, or place of work, the ICE agents must present a signed order from a judge with the name or address of the place they want to search, as well as the names of the people they want to interrogate. If you open the door, you are giving them permission to enter. BE CAREFUL!! If the ICE agents say they have a warrant from a judge, demand that the officer show you the warrant and confirm that the information is correct.

Do not open the door to people you don’t know.

In many cases, ICE agents do not wear their uniform, making it easy to confuse them with someone else. Do not let anyone into your home without asking for identification. If the person is from ICE, demand that they show you a warrant. Remember that ICE cannot enter your home unless they have a warrant (or if you let them in).

If you are stopped while driving, you must show your drivers license.

Driving without a drivers license is a misdemeanor and an arrest is not justified unless you provide more information that can incriminate you. A police officer can ask you anything they want, but it is your right to remain silent and not answer any question. If you do not admit to or say anything, it will be more difficult to justify an arrest. You can help the officer identify you by providing a school or bank id, but do not for any reason show the officer documents from a foreign country because you would be giving the officer a just reason to detain you.

Do not sign anything until you talk to a lawyer

If ICE detains you, they will try to pressure you to sign a voluntary departure. If you sign, you can lose some important rights. Demand your right to talk to a lawyer before signing any papers.

Do not give ICE any false documents

It is very dangerous to use false documents. If ICE catches you with false documentation, they can charge you with a fine or they can deport you and prohibit you from ever obtaining legal residency in the United States.

If the Police stop you and ask you for your name, give it to them.

You only have to give the police your name. You have the right to not speak to a police officer or ICE agent.

If you are detained, ask for your case number, and a hearing in your city.

If ICE detains you, you must provide your real full name. If you are in detention, ask for your case number. Your name and case number is the only way that your family members or lawyer will be able to find you.

Prepare a plan of action to protect your family

Prepare a notarized power of attorney to someone you trust so they can take care of your children in case you are detained. Always keep the original copy of these documents in a secure location (and carry a copy). Designate someone you trust to make decisions in regards to property and finances, for example those who can withdraw money for a lawyer or bond.

If the police question you in public, it is not necessary to show identification if you are not committing a crime before hand.

Under state law, more specifically AZ State Statue 13-2412, you are required to give your first and last name. It is not required for give for you to give your date of birth. If you provide just your name it is not enough information for the officers to know if you have documents or not. This requirement may vary state by state.

Maintain silence during questioning by any officer.

ICE can try and deport you if you do not have the necessary information to prove that you have documentation. If you tell them where you are from, what country or that you have no documentation, that is all the information necessary to detain and deport you. Do not share your or anyone else immigration status. Don’t be an ICE snitch.

It is possible that regardless of your silence, ICE might detain you and try to intimidate you.

If you don’t provide the ICE with information, they must release you and let you leave. Even thought the pressure from ICE might to aggressive, resist! Don’t give in.

If there is a raid, don’t run, maintain calm.

If you run, ICE has probable cause to detain you. You can leave the site walking calmly without running. Do not panic.

If there is a raid and you have documentation, exercise your right to keep silent.

If no one say anything, ICE can not do its inhumane job of taking our family members. Silence is our best protection that our community has. Our silence is a cry of solidarity.

Be careful with notaries and people that promise legal advice

Be aware that “notaries” are no lawyers and some notaries can give you wrong information. Make sure to get a second opinion from a legal organization before you spend money on a false application for legal documents.

Remain informed regarding changes in the law.

Currently, there is no amnesty or any other program for legalization. It is important to maintain documents that prove that you have been living in the United States. You have the right to emergency healthcare, education, and financial support for you children.

Join the fight for migrant rights.

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