What are your rights as an undocumented immigrant? – Santa Rosa Press Democrat
(1 of ) In this photo taken Feb. 7, 2017, released by U.S. Immigration and Customs Enforcement, an arrest is made during a targeted enforcement operation conducted by U.S. Immigration and Customs Enforcement (ICE) aimed at immigration fugitives, re-entrants and at-large criminal aliens in Los Angeles. The Trump administration is wholesale rewriting the U.S. immigration enforcement priorities, broadly expanding the number of immigrants living in the U.S. illegally who are priorities for deportation, according to a pair of enforcement memos released Tuesday, Feb. 21, 2017. (Charles Reed/U.S. Immigration and Customs Enforcement via AP) (2 of ) Grassroots Immigrations Programs Director Cristina Parker talks about the challenges facing immigrants living illegally in the United States, Wednesday, Feb. 22, 2017, in Austin, Texas. Around the country, President Donald Trump's efforts to crack down on the estimated 11 million immigrants living illegally in the U.S. have spread fear and anxiety and led many people to brace for arrest and to change up their daily routines in hopes of not getting caught. (AP Photo/Eric Gay) (3 of ) Grassroots Immigrations Programs Director Cristina Parker talks about the challenges facing immigrants living illegally in the United States, Wednesday, Feb. 22, 2017, in Austin, Texas. Around the country, President Donald Trump's efforts to crack down on the estimated 11 million immigrants living illegally in the U.S. have spread fear and anxiety and led many people to brace for arrest and to change up their daily routines in hopes of not getting caught. (AP Photo/Eric Gay) (4 of ) Wilfredo Mendoza, of Boston, left, and Christina Villafranca, of Malden, Mass., right, displays a placards during a rally called "We Will Persist," Tuesday, Feb. 21, 2017, in Boston. According to organizers the rally was held to send a message to Republicans in Congress and the administration of President Donald Trump that they will continue to press for immigration rights and continued affordable healthcare coverage. (AP Photo/Steven Senne) (5 of ) Gabriela Baraja, right, and her sons Melvin Garcia, left, and Antonio Garcia pose for a photo at their home in Chicago on Wednesday, Feb. 22, 2017. As President Donald Trump moves ahead with a nationwide immigration crackdown, school principals in Chicago have been given a simple order: Do not let federal immigration agents in without a criminal warrant. Barajas was brought to the U.S. illegally as a child but is allowed to stay as part of a federal program launched in 2012. (AP Photo/Don Babwin)
MARTIN ESPINOZA
THE PRESS DEMOCRAT | February 24, 2017, 2:25PM
| Updated 5 hours ago.
Undocumented immigrants across Sonoma County are asking a commonly held question these days: What rights do I have if federal immigration officers knock on my door or arrive at my workplace?
Legal experts say the answer is not much different than if the question were asked by a U.S. citizen. In such situations, the same rights are granted by the Constitution and afforded anyone who sets foot in this country.
If U.S. Immigration and Customs Enforcement, or ICE, come to your home, the San Francisco-based Immigration Legal Resource Center, or ILRC, recommends staying calm. Do not run away and do not provide false information.
The ILRC advises documented and undocumented immigrants they have the following rights and can take these actions:
* You have the right to remain silent. You can refuse to speak to an ICE agent. Immigrant advocates recommend not answering any questions, especially about your birth place, immigration status or how you entered the United States. If your encounter is with a local law enforcement agent, ILRC recommends that you only give your name.
* You have a right to speak to a lawyer and the right to make a phone call. Make sure you carry the phone number for an immigration lawyer with you at all times, advocates say.
* You have the right to demand a warrant before letting anyone into your home. Do not open the door to authorities without a warrant. You do not need to open the door unless an ICE agent shows you a warrant signed by a judge with your specific and correct name and address on it. If they say they have one, do not open the door for them to show it to you. Ask them to slip it under the door or through a window.
* You have the right to refuse to sign anything before you talk to a lawyer. Do not sign paperwork you dont understand. Doing so could eliminate your right to speak with a lawyer or have a hearing in front of an immigration judge. This may result in you being deported immediately without a hearing.
The American Civil Liberties Union said that only a warrant issued by a court and signed by a judge allows officers the right to enter your home. A warrant issued by the U.S. Department of Homeland Security or ICE and signed by a DHS or ICE employee is not sufficient for entry into your home.
The ACLU further advises:
* If agents force their way into your home or property, do not attempt to resist.
* If you wish to exercise your rights, state, I do not consent to your entry or to your search of these premises. I am exercising my right to remain silent. I wish to speak with a lawyer as soon as possible.
* Everyone in the residence may also exercise the right to remain silent.
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What are your rights as an undocumented immigrant? - Santa Rosa Press Democrat
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