It is imperative that you know your rights when dealing with law enforcement, with government officials, or with any other figure of authority. While the following information has been provided by legal experts, please do not think that all of this information automatically applies to your specific situation. This information should not be seen as standing in for the advice of an immigration attorney. Nonetheless, this information can be used a good starting point for learning more about your situation and learning about whom to contact if you have further questions.
The page is broken into two sections, one for immigrants and one for refugees.
It is important to note that we are not lawyers and the information provided should not be taken as legal advice. For more information please click on the KNow your rights of Immigrants/refugees, do not feel constrained to only look a the immigrant or refugee rights take a look at both there may be information that is USEFUL to you.
The following information is a presentation created by CIRC, the Colorado Immigrant Rights Coalition. Read through the information to learn about your rights as an immigrant, particularly one without documentation in the event of an ICE visit.
Your constitutional rights
Fourth Amendment-To arrest, someone, authorities must have “probably cause”.
Meaning that all people have the right to be safe from unjustified searches, arrests, or interrogations without a reason.
Fifth Amendment- Right to Remain Silent.
Meaning you can remain silent in order to not self-incriminate.
Sixth amendment- Right to Know the Charges Against Ones Self and the Right to an Attorney.
Meaning you can have a lawyer in criminal cases, but the state is not required to provide an attorney in immigration cases although you can talk to a lawyer. You also have the right to know what your charges are.
Fourteenth Amendment- Equal Protection
Meaning everyone is treated equally under the law and prohibits discrimination.
Advice from the National Immigration Law Center (NILC)
You have the right to a lawyer. You have the right to have that lawyer present when an agency wants to speak with you.
Remember before signing anything speak with your lawyer!
Make sure to carry any documentation on your current immigration status. This includes visa, green card, etc.
With that DO NOT carry another countries ID, passport, etc.
Create a safety plan
Memorize someones phone number (friends, family, lawyer) in case you are detained.
If you take care of children have plan for them in case you are detained.
Keep important documents like birth certificate in a safe place where someone you trust can access them. you can visit www.coloradoimmigrant.org and search “paquete” to prepare in case of deportation.
The Executive office for Immigration Review hotline is 1800-8987180, open 7 days a week, 24 hours. They can assist you with finding information about your case.
In the Rights of Immigrants document you can access the answers to the following:
What is the difference between the police department, sheriffs department, and the state patrol?
What is the difference between the police agencies and ICE?
What is an Immigration Hold?
Things you can do when being pulled over or detained and if ICE is ever involved?
If an immigration agent approaches you outside a court, jail, or on the street. Do I have to answer their questions?
Do I have to identify myself if an ICE agent asks who I am? What if they already know my name, and say they have a warrant for my arrest?
How do I know if i am under arrest? What should I do if they detain me?
What do I say if ICE asks me if I have papers?
What authority does ICE have to interrogate me?
What if a police officer interrogates me, do I have the right that i have with an ICE agent?
Do I have to speak with an immigration agent if they speak to me by phone or if they ask to interview me in jail?
What should I do if ICE arrives at my house?
If you are under arrest by a state or local police officer.
Can a jail deny someone the right to pay their bond if they have an immigration hold?
Does having an immigration hold or a ICE request for notification interfere with your right to be released under bond?
Can they continue to detain me on an immigration hold or a request for notification if I have already finished my sentence or paid my bond?
Rights of refugees
The following information is brought to you by the Refugee Center Online and the CWS. Recent actions against refugee resettlement, refugees and immigrants in the United States have created fear and concerns for many, this information is provided in order to help reduce the fear and to inform you of your rights.
Non-U.S. citizens, including lawful permanent residents, refugees and asylees, generally have the same rights as U.S. citizens.
If you believe your rights have been violated, you should talk to a lawyer.
If you or your family members are ever in need of emergency assistance, immediately call 911.
What has changed since President trumps executive order.
This does not affect your legal status as a refugee in the United States.
You can still apply for a green card after one year of residency and citizenship after five years of residence.
It is advised not to travel to the following countries, unless absolutely necessary:
Syria, Iran, Iraq, Libya, Sudan, Yemen, and Somalia
Again there is no need to worry about your legal status as a refugee in America.
As a refugee you have the right to advocate.
You have the right to advocate, and being a refugee you have a strong voice that can create a big impact.
There are different ways to get involved some include:
You can reach out to elected officials in your state, town, or community to get involved.
Sharing your story to the public.
Join other organization to get involved/work together with.
In the Know Your Rights link you can access answers to the following questions:
Am I allowed to travel outside the United States with a refugee status or a green card?
What if i am a victim of harassment in my home or neighborhood?
Can I practice my faith without any fear of being victimized?
What if I am accused of a crime?
If ICE is at the Door
There are five important things to remember if ICE shows up at your door:
Do not open the door unless you see a signed warrant from a judge. Remain silent (plead the 5th). Do not sign anything without talking to an attorney. Report the incident and make a record. Get a trustworthy attorney.
Why become a Citizen?
There are a variety of reasons why seeking citizenship is going to be good for you. This process can be hard, but it will be worth it.
Some reasons might include:
Not being deported
Ability to vote
Ability to collect on benefits
Ability to re-enter the United States
Stopped by Police
If you are stopped by the police, it is important to know what information you are required to give, and which information you can remain silent about.
If you are an immigrant with or without documentation, you still have certain Constitutional rights which can protect you during these interactions. What is most important is this: remain calm, be polite, be firm in your rights, and do not physically resist.