The U.S. Constitution guarantees certain rights to all individuals, regardless of immigration status. Many undocumented people are unaware of these protections, leaving them vulnerable in encounters with law enforcement and immigration authorities.
As a former prosecutor and now a criminal defense attorney, I have seen firsthand how misinformation — or a lack of information — can lead to devastating consequences. Understanding your rights and how to assert them can make all the difference.
Your rights at home
If Immigration and Customs Enforcement — ICE — agents or local law enforcement officers arrive at your home, they must have a judicial warrant to enter.
Many individuals mistakenly believe that an ICE-issued administrative warrant (Form I-200 or I-205) grants entry — it does not. Unlike a warrant signed by a judge, these documents do not provide legal authority for ICE to enter your home without your consent.
Here’s what to do if ICE comes to your door:
• Stay calm and do not open the door. Ask the agents to slide the warrant under the door or show it through a window. • Check the warrant. If it is not signed by a judge, you are not legally required to let them in. • Do not answer questions about your immigration status. You have the right to remain silent. • Do not sign anything without legal counsel. ICE may pressure you to sign documents waiving your rights.
Your rights at work
Workplace raids and enforcement actions have increased in recent years, causing fear and uncertainty for undocumented workers. However, you still have legal protections:
• ICE must have a warrant or employer consent to enter non-public areas. If agents enter without one, you are not required to comply. • You have the right to remain silent. You do not need to answer questions about your immigration status. • You do not have to provide documentation unless presented with a valid warrant. If asked for identification, you can decline unless lawfully required.
Your rights in public spaces
In public places, ICE and law enforcement officers can approach individuals, but you still have rights:
• You do not have to answer questions about your immigration status. Simply state, “I am exercising my right to remain silent.” • You do not have to consent to a search. Without probable cause or a warrant, officers cannot search you or your belongings. • If detained, you have the right to an attorney. Ask to speak with a lawyer immediately.
What should you do if you are arrested by ICE?
• Remain silent and do not provide false information. Giving incorrect details can harm your case. • Request a lawyer immediately. Do not sign anything without legal counsel.
• Know your right to a bond hearing. In many cases, you may be eligible for release while your case is pending.
The importance of knowing your rights
Regardless of immigration status, every person in the U.S. is entitled to constitutional protections. Fear and misinformation often lead people to waive their rights, making legal challenges more difficult.
As someone who has worked on both sides of the criminal justice system, I cannot stress enough how crucial it is to understand and assert your rights when facing immigration enforcement.
In today’s climate, knowledge is power. If you or someone you know is undocumented, take the time to learn these rights, and seek legal guidance before an encounter with ICE or law enforcement occurs. The law provides protections — using them can make all the difference.
Editor’s note: Joshua Kolsrud is a criminal defense attorney at Kolsrud Law Offices in Phoenix. He also was an assistant U.S. attorney and spent 14 years as a prosecutor. Please send your comments to AzOpinions@iniusa.org. We are committed to publishing a wide variety of reader opinions, as long as they meet our Civility Guidelines.
Comments
No comments on this item Please log in to comment by clicking here