By Alicia M. Atteberry

The United States of America was founded on the idea that all people are created equal. These ideas are at the core of our Constitution and Bill of Rights, documents dating back to the formation of the United States. These documents, although they have been amended and reinterpreted over time, still dictate how our legal system and law enforcement operate.

However, the human element is always a factor in the reality of our lives. Politics and personal beliefs, priorities, or prejudices often play a part in how laws are enforced or how much respect an individual’s rights may receive in any given situation. You can never assume that law enforcement will protect your safety or respect your rights. For that reason, it is vital to know what your rights are and how to demand them. Perhaps especially for immigrants, it is important to be aware of the specifics of your rights in the United States, because others may assume that you do not know them and attempt to take advantage of that.

Here are some key components of the rights anyone in the United States is entitled to, regardless of citizenship or immigration status:

The 4^th Amendment: Your Right to Privacy

Many rights that apply to anyone in the United States stem from the 4^th amendment. It reads:

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

• This passage doesn’t refer to citizens – it refers to all people. It provides the right to refuse to be searched, interrogated, or have your property taken without probable cause – meaning substantial evidence of crime – and a warrant. Unless you are presented with a warrant or other order signed by a judge, you maintain this right.
• Even if police have a warrant, you do not have to answer questions. Always remember, anything you say will likely be recorded and could be used in court.
• Your home, your “castle,” is where you have the most protections under this right. Unless they have a warrant, you do not even have to answer the door if a police officer or other government official knocks.

THERE ARE EXCEPTIONS:

• In many states, you are required to provide your name to the police if they encounter you in public. This only applies if they have reason to suspect you are committing a crime, but that can include things like loitering – meaning, if you are just standing around in a public place.
• In some states, you may also need to provide your address and/or date of birth if you are stopped by police.
• However, there is no state where you have to answer questions about where you were born or your immigration status.
• If police or another government agent suspects someone is in danger, they are allowed to enter without permission.
• If someone inside a home called the police or any single person inside gives them permission, police may enter to ensure no one is in danger.
• If police are pursuing someone for a serious crime and they believe the suspect is in your home or passed through it, they can enter without permission.
• If police believe evidence of a crime is being destroyed, they may enter without permission.

What to Do When Dealing with Law Enforcement:

• Always remain calm and respectful.
• If a police officer or another agent enters your home by force, even without cause or a warrant, do not try to resist. To exercise your rights, tell them: “I do not consent to your entrance or search of my home. I am exercising my right to remain silent. I want to speak to an attorney as soon as possible.”
• If government agents have an arrest warrant for you and there are other people in your home at risk of being detained, go outside to allow them to arrest you. If you let them in, they can question anyone inside and potentially find evidence to detain others.
• Immigration agents need permission or a warrant to enter and search a workplace. If they do, your rights as a worker are the same. You have the right not to answer questions and can tell the agents that you are exercising that right.
• Customs officials can ask about your immigration status when entering or leaving the country. If you are a Lawful Permanent Resident or have other status, you should respond. If you don’t, it is best not to respond, although you will most likely be denied entrance to the United States.

What to Know If You are Pulled Over in a Car:

• Drivers and passengers have the right to remain silent. However, the driver is required to provide police with a driver’s license, proof of insurance, and registration if requested.
• When an officer pulls you over, you are being detained. In order to pull you over, they must witness or suspect you have committed a traffic violation or other crime.
• Similarly, Customs and Border Protection officers – who do operate vehicles throughout the United States – must have a reasonable suspicion that a driver or passenger in a vehicle has committed an immigration or customs violation, or a federal crime, to detain you.
• If a police officer or CBP agent wants to search your car, you can decline consent. However, if they believe they will find evidence of a crime, they can search your car without consent.
• Neither the police nor CBP can arrest you or detain you for a long period without probable cause. You have the right to ask why you have been detained and they should answer you.
• If you are a passenger, you can ask the officer if you are free to go. If they give you permission, remain calm as you leave. The officer can also request that anyone in the car get out and hold them for questioning.

What to Do if You are Arrested:

• Remember that you have the right to remain silent and the right to an attorney. It is almost always in your best interest to say nothing until you have consulted an attorney.
• You can tell the arresting agents: “I am exercising my right to remain silent. I want to speak to an attorney as soon as possible.” If they continue to question you, repeat this.
• Once arrested, you have the right to a phone call to a family member or lawyer and the right to meet with your lawyer while in detention. Memorize the phone numbers you would want to call.
• You have the right to have your lawyer accompany you to any audience with a judge – criminal or immigration.
• If you are detained by CBP, you have the right to hire an attorney, but the government is not required to provide you one. You can request a list of available advisory service providers that are free or low cost.

Your Rights in the Workplace:

Dealing with law enforcement isn’t the only time to consider your rights. In some situations, employers take advantage of people they know are undocumented or have precarious immigration status. Bad actors can use this against employees and traffic them – demanding involuntary labor or sex acts. Trafficking is illegal and you have rights if your employer has put you in this situation or even attempted to. In some cases, abuses of your rights in the workplace may qualify you for immigration benefits.

• Involuntary servitude has occurred when an employer uses threats or violence to compel you to keep working for them. This includes threats to report you to the police or immigration authorities, threats to withhold pay, or threats to use violence against you if you do not do as they say. This is trafficking and may qualify you for T Nonimmigrant Status.
• You have the right to refuse to work in dangerous conditions without equipment or safety training. If you are forced or compelled to do so, your rights have been violated.
• If your employer has withheld your pay, reduced your pay unfairly, or refused to pay you for all your hours, your rights have been violated.
• Being forced to work for or provide sex to coyotes may also qualify you for T Nonimmigrant Status.
• If your employer has violated United States employment laws, you can file a complaint so the government may investigate. If they do, it’s possible you will qualify for Labor Violation Deferred Action (LVDA). This immigration benefit provides temporary protection from deportation and permission to work in the United States.

Reach out to Eagan today for a consultation if you believe you may qualify for an immigration benefit based on your work situation.  Call (202) 709-6439 to schedule a consultation or book online here.

Additional Resources

The Immigrant Legal Resource Center has created “red cards,” a quick reference you can keep on hand in case you need to be reminded of your rights in a stressful situation. Click here for more info.

For more information (in Spanish) check out our video session on the same topic: click here. There are lots of videos on the Eagan YouTube channel about this and other immigration topics!

ACLU – Derechos de los Inmigrantes