PLEASE THIS INFORMATION IS FOR YOU
KNOW YOUR RIGHTS:
This package contains an explanation of the rights that has an immigrant in front of an agent of immigration.
Some of the rights explained here are guaranteed by the Constitution, and others have been developed through cases and statutes. Each state may have different laws regarding some of this right, and this package should be adapted accordingly. A significant variation worthy of noting is the right “to maintain silence”; although constitutionally guaranteed by de 5th Amendment, some states have adopted statutes requiring anyone stopped by state and federal officials to provide his o her name. See the below for the future details.
Supreme Court case effecting Fifth Amendment to Right to Remain Silent
Hiibel v. Judicial Sixth District Court of Nevada
In the Hiibel, the Supreme Court upheld Nevada’s “stop and identify” statute requiring a suspect to disclose his or her identity in the course of reasonable detentive stop by law enforcement. The Court held that merely giving one’s name to law enforcement does not constitute self-incrimination and therefore does not violate the 5th Amendment. Several states have similar self identification statutes.
Under Hiibel, the right to remain silence as to self-identification is not protected by the 5th Amendment. Bear in mind that Hiibel requires only that a person stopped by law enforcement provide his or her name. Hiibel does not require further disclosure of personal information, such as where the person was born or his or her legal status.
In sate with a statute similar to the Hiibel statute, an immigrant or noncitizen stooped by law enforcement is advised to provide his or her name, and they say “I will remain silence until I can speak with a lawyer,” “I know I have the right to remain silent, “I don’t want to say anything until I can speak with a lawyer,” etc.
In non-Hiibel states, people are advised to exercise their right to remain silent and see a lawyer before answering any questions at all.
You should adapt these flyers as you see fit especially if your state has a Hiibel statute like the one in Nevada. Then please, feel free to distribute this flyer widely so immigrants of our communities will know how to act if they are confronted by the Immigration Service.
YOU’RE RIGHTS BEFORE THE IMMIGRATION SERVICE:
This packet contains information, about yours rights during an encounter with any of Immigration.Servive agencies of the Department of Homeland Security
In 2003, the Immigration and Naturalization Service (INS) was closed and replaced by three different agencies of the Department of Homeland Security. These agencies are called the Immigration and Customs Enforcement (ICE), the Citizenship and Immigration Service (IS), and the Customs and Border Patrol (CBO). In this packet we refer to them all as the Immigration Service.
It is very important that everyone, whether they are here legally or not, know their right s in front of the Immigration Service. If you do not your rights and the Immigration service finds you, you could lose some very important opportunities to remain in the United States.
The first part of this packet discusses the places where the Immigration Service may find you and what you can do to defend yourselves and your families, neighbors, co-workers, and friends. The second part discusses the rights that you have if the Immigration Service arrests you. The third part has information about what can do if the Immigration Service violates your rights.
I. WHAT YOU CAN DO DURING AN ENCOUNTER WITH IMMIGRATION SERVICE:
This information about your rights is very important, but you have to remember
that each situation is different .When the people encounter the Immigration Service, they
have to make their own decisions about what they are going to do. For example; if an Immigration Service official is beating or threatening someone, maybe the person will not want to remain silent. In any case when the people know their rights, they usually feel more confident and are able to make a more informed decision.
A. In the Home- If the Immigration Service arrives and your house and knocks on your door, you do not have to open the door. Usually the Immigration Service needs a search warrant with your name and address in order to enter in your house. A search warrant is an order from a judge giving to the Immigration Service permission to enter a person’s home. An arrest warrant is an order from a judge giving the Immigration Service permission to arrest to someone. If they do not have a warrant, you do not have let them enter. Even if they have a warrant and enter in your home, you have a right to remain silent. This means that you not have to give any information to Immigration Service officials. You can say simply that you not want to speak or that you want to talk to a lawyer. So, the Immigration Service can enter your home only if they have a warrant, or you give then permission, or they think there is presently a crime being committed in your home.
B. On the Street-If an Immigration Service official begin to ask you questions while you are walking down the street or in another public place such as a park, you can continue walking The Immigration service has to left you keep walking if they not have a good reason to continue asking you questions. An example of a good reason is if you’re leaving a place where they have previously found many undocumented workers. They cannot stop you because you are Latino or because you have an accent. These are not good reasons. Remember that you have the right to remain silent. DO not run! If you run, you are giving them a good reason to arrest you.
C.In the Car-The Immigration Service needs a good reason to stop you and research your car. If the Immigration Service has a good reason for stopping you (for example, they see drugs in your car), they can search your car without a search warrant. They are allowed to do this because the car could be moved before they have a chance to get a search warrant. Usually is very important not give to them permission to search your car. If the police stop you, you do not have to show them any papers apart from your driver’s license and car registration. The police should not ask you any question about your legal status in this country.
E.At the Border-your right at the border are different. The “border” includes not only the line between the US, and Mexico or Canada, but also airports and areas close to the border, for example, the border checkpoint near San Clemente, California. In these border places, you have to prove that you have legal permission to be in the U.S. or the Immigration Service can detain you to ask more questions. They can also search you or your bags without a search warrant. Remember that you always have the right to remain silent.
II. WHAT HAPPENS IF THE IMMIGRATION SERVICE ARRESTS YOU?
In any of the situations discussed above, it is possible that the Immigration Service will arrest you. If this happens, you must not forget that you have rights that protect you. However, is very likely that Immigration Service will not tell you about those rights Usually the Immigration Service will ask you question about you legal status in this country. If the Immigration Service gets this information legally, they can use this information against you, and even use it to deport you. Usually the Immigration Service gets the necessary information to deport people by asking the people themselves for the information .Is vey important to remain silent until you have spoken whit a lawyer, because there may be some way for you to remain in the United States or some rights that you do not know about.
Often the official from the Immigration Service tells you to sing an order of “Voluntary Departure.” Usually to signing this paper means that you must leave the United States immediately. An Order of voluntary Departure does not have as severe consequences as an Order of Deportation or a Removal Order, but all of these orders may affect your future chances to return to the United States and stay here.
The Immigration Service might threaten to put you in jail for a long time if you do not sing an Order of Voluntary departure. The Immigration service should not make these threats. Even if the Immigration Service arrests you, you have certain rights to protect yourself.
The Immigration Service might try to convince you to sing a paper admitting that you were using fake documents like a green card, passport, birth certificate, certificate of U.S. citizenship, or social security card. Do not sing this paper without speaking with a lawyer first. Signing the paper could result in extreme consequences and you may be deported from U.S. without the possibility of returning.
A. If the Immigration Service Arrest you, you can:
-Remain silent. You do not have to answer any question. Above all, you do not have to tell them were you born how you entered the U.S., or what your immigration status is (whether or not you are in the United States legally). If you tell the Immigration service your immigration status and you are not here legally, the Immigration Service can use it to try to deport you.
-Insist on talking with a legal representative. If you not have a legal representative, you can ask the Immigration service for a list of free or low-cost lawyers.
-Refuse to sing all papers from the Immigration Service when they arrest you unless you speak to a lawyer first. It is especially important not to sign, above an “order of Voluntary Departure” and an admission that you were using fake documents, without talking with a lawyer first. If you sign the Order of Voluntary Departure or the admission that you used fake documents, you may be lose the possibility of remaining in the United States.
B. The Right to a Hearing before an Immigration Judge- Most people that are arrested inside the U.S. by the Immigration Service ask the right to ask for a hearing before and Immigration Judge. In most cases, the Immigration Service cannot deport someone without giving them the opportunity to go before an Immigration judge. A hearing is very important for any person who may have the possibility to remaining in the United States. For example, a person may qualify for Family Unity, “Cancellation of Removal” if he or she has lived in United Stated for 10 years, or for Asylum.
C. The Right to be Released after 48 Hours-In most situations, if the Immigration Service takes you into custody they have 48 hours (2 days) to determine whether you should remain in custody or be released on bond, unless there is an emergency or extraordinary circumstances. If the Immigration service decides to continue detain you beyond the 48 hour period, the Immigration Service must issue a “Notice to Appear” against you. A “Notice of Appear” is a paper that explains why the Immigration Service wants to deport you. The Immigration Service must issue the “Notice to Appeal” within 72 hours (3 days) of arresting you. If you remain silent and do not give to them any information, the Immigration Service might not have any proof that you are here illegally, they might not have reason to deport, and they may be forced to release you.
D. The Right to a Reasonable Bond-In many cases; the Immigration Service must set a reasonable bond so that a person can go free while awaiting a hearing with a judge. If you think that your bond is very high, you can ask for a hearing with a judge to lower or eliminate the bond.
Prepared by the Immigrant Legal Resource center –October 2006
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