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At the Law Offices of Daniel Shanfield Immigration Defense PC, we want to empower the immigrant community with knowledge and support. If you are ever stopped by an immigration agent, or police officer acting as an immigration agent, you need to know your rights.
Here’s a guide to help you handle these situations:
Tips for Interacting with Immigration Agents:
- Stay Calm and Polite: Always remain calm and polite. Do not argue, resist, or run away.
- Keep Your Hands Visible: Ensure your hands are visible at all times to avoid any misunderstandings.
- Do Not Provide False Information: Never provide false documents or information to immigration officers.
- Right to Remain Silent
You have the right to remain silent. You don’t have to answer questions about your immigration status, where you were born, or how you entered the U.S. Politely inform the officer that you choose to remain silent.
- Right to Ask if You’re Free to Leave
If you’re stopped, you can ask the officer if you’re free to leave. If the officer says yes, calmly walk away. If the officer says no, you have the right to remain silent and request to speak with a lawyer.
- Right to Refuse Consent to a Search
You have the right to refuse consent to a search of yourself, your belongings, or your vehicle. If the officer says no, you have the right to remain silent and request to speak with a lawyer.
- Right to Legal Representation
You have the right to speak with a lawyer. If you are detained, you can tell the officer that you wish to remain silent until you have consulted with a lawyer. If you are arrested under a warrant or based on probable cause, officers have the authority to search you and your immediate vicinity for safety reasons and for evidence of a crime. As mentioned, you may politely state that you do not consent to being searched, but do not argue, resist, or run away.
- Right to Not Sign Documents Without Legal Advice
Do not sign any documents without first consulting with a lawyer. Signing documents without understanding them can have serious consequences for your immigration status.
- Possession of Identity Documents from Your Home Country is Evidence that You Are Not a Citizen of the United States
If you are found with foreign identification documents, like your home country passport, national voter registration card, or matricula consular, you may then be forced to prove you are lawfully in the US, even if you have exercised your right to remain silent.
The Law Offices of Daniel Shanfield Immigration Defense PC is here to help. Please contact us immediately if you or a loved one is at risk of deportation.
This information does not constitute legal advice and is for information purposes only. This information does not create an attorney-client relationship. Anyone with legal questions should consult with a knowledgeable attorney as soon as possible.
