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What Are Your Immigration Rights When Asked about Your Immigration Status?
Immigrants face daily challenges that U.S. citizens are not subject to. One of the constant fears many immigrants live with is the fear of someone discovering their immigration status and then using that against them.
However, you do not have to answer any questions about your immigration status, and you can choose to decline. You have the right to remain silent and to speak with a lawyer as soon as possible.
Here’s a scenario we can use to determine how to respond to law enforcement.
Consider the following scenario:
- You are an undocumented immigrant hoping to legalize your status.
- You crossed the border illegally and have lived in Dallas for two years.
- As you drive along one day, you see the flashing blue light of a police car signaling you to pull over.
- Your heart is racing. You realize that the police officer may ask you where you were born, your citizenship status, or how you got into the US, or they may ask you for your immigration papers or immigration documents.
As panic rises and worst-case scenarios flash through your mind, you recall you have rights. You are in the United States. But what are those rights, how do you enforce them, and what can you refuse to do?
Let’s examine these rights and how you should respond if a police officer asks about your immigration status.
First Things First, Stay Calm
Remain calm and keep your wits about you. Obey the officer’s instruction to pull over. Do not panic, do not try to run away. Pull over as soon as it is safe to do so.
If it’s at night, switch off the engine, leave your lights on, turn on your in-cabin light, wind down your window slightly, and place your hands where the officer can see them.
Be polite, don’t be aggressive, sarcastic, or rude. Remember your rights now that the situation is under control.
Know Your Rights
The US Constitution has provided you with some inalienable rights. These are aimed at protecting the liberty of the individual.
The following are rights that you have whenever law enforcement officers stop you:
- The right to request an official ID card from the police officer.
- The right to remain silent: You do not have to answer any questions asked of you, including questions about your immigration status. If you wish to remain silent, advise the officer you are exercising your right to remain silent.
- The right to refuse consent to be searched or have your car searched: You have the right to refuse a search of your car by a police officer or immigration agent. If they have a search warrant signed by a judge, they can search your car without your consent. Additionally, if they believe your car contains evidence of a crime, they can search it regardless of your consent.
- The right to speak to an attorney: If you are arrested, ask to speak to a lawyer immediately.
Know Your Duties
There are some things that you are obligated to do in this scenario:
- Pull over when requested to do so
- Cooperated with the police officers. Do not resist arrest even if you feel your rights are being violated.
- As the driver, you are obliged to provide police with your driver’s license, driver’s license registration, and proof of insurance.
- Do not provide false information or documents.
- Don’t forget the details of the encounter.
Be Polite and Respectful
It is crucial that you are polite and do not argue with the officer or immigration agent. Raising the tension levels will only exacerbate the situation and can lead to other legal consequences for you.
Even if you choose to remain silent, politely advise the officer that you wish to remain silent and ask for an attorney. Then don’t speak.
Carry Appropriate Documentation
If you are over the age of 18, it’s a good idea to carry your papers with you at all times. This could be a green card, visa, or passport if you are an immigrant.
If an immigration agent asks you for your immigration papers, you are obliged to present them. If you don’t have them, advise the agent that you exercise your right to remain silent and that you wish to speak with a lawyer before answering any questions.
Also note that if you are asked by a border official at international borders and airports, you are obliged to answer immigration questions if you are on certain nonimmigrant visas, including tourists and business travelers.
The Big No-No's
Do not lie to the officer, nor should you present false documents. The consequences of doing this and getting caught are usually worse than simply admitting your status.
Lies may result in you being deported or rendering yourself permanently inadmissible to the U.S. or prevent you from ever applying for U.S. citizenship.
Seek Legal Advice Immediately if You are Arrested
If you are arrested, exercise your right to remain silent and immediately advise the police that you wish to speak to your lawyer.
The police may not search your person without a warrant but may pat you down on reasonable suspicion of a weapon.
Once you exercise your right, refrain from giving the police any excuses or trying to explain. You can make a local phone call, and the police may not eavesdrop.
Do not discuss your immigration status with the police or answer any questions relating to your status.
If you are to be charged with a crime, discuss the consequences of your immigration aspirations with your lawyer.
If you are incarcerated, immigration officers may visit you. Exercise your right to remain silent and refuse to answer any questions regarding your immigration or citizenship status. Do not sign documents with immigration agents until you have discussed them with your lawyer.
What to Do if You Feel Your Rights Have Been Violated
If you feel your rights have been violated, write down everything you remember and file a written complaint with the agency’s internal affairs division or civilian complaint board. You can even register your complaint anonymously if you prefer.
Remember patrol car numbers and officers’ badges, the police agency, and any other details. Get the contact information for witnesses. If you were injured, seek medical attention immediately and take photographs of your injuries.
Can local police enforce federal immigration laws?
Local police officers do not have the authority to enforce federal immigration laws, as it is not their departmental matter. However, some jurisdictions participate in programs like 287(g), which allows local law enforcement to collaborate with federal agencies like Immigration and Customs Enforcement (ICE) in identifying and detaining undocumented immigrants.
This partnership is often controversial and varies from state to state and even city to city. Critics argue that it erodes trust between immigrant communities and local police, discouraging reporting of crimes and cooperation in investigations.
How an Immigration Attorney Can Help
Having been detained or arrested and facing deportation, you might want to contact a local, experienced immigration lawyer who can assist you with all immigration matters. We can represent you at immigration court and are used to appearing before the immigration judge.
Our empathic and passionate lawyers are ready to defend your rights and can also assist you in pursuing your immigration goals. The first consultation is free, and we care about your outcome. Give us a call today.