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For years, advocates and legal experts have held training sessions with the immigrant community, oftentimes in their native language and in familiar places, like a church or civic center, to teach them and their families about their rights.
Everyone in the United States is entitled to certain fundamental rights, and that includes — to a varied extent — undocumented immigrants, temporary visa holders, people seeking asylum, and refugees. It’s a reality not all immigrants understand, which can make it harder for them to protect themselves if they encounter federal immigration agents.
Immigration 2025
The Trump administration’s border czar, Tom Homan, on national news last month referenced this training, saying, “They call it ‘know your rights.’ I call it how to escape arrest.” But the fact is, under the U.S. Constitution, immigrants have rights, including protection from unreasonable search and seizure.
As federal immigration officers enter communities to make arrests — with new daily arrest quotas to meet, according to a Washington Post report — advocates are doing all they can to ensure immigrants have an understanding of these rights.
“Your rights only exist if you enforce them,” said Sarang Sekhavat, chief of staff at the Massachusetts Immigrant and Refugee Advocacy Coalition (MIRA).
What rights do immigrants have if approached by law enforcement at home?
The MIRA Coalition says immigrants have the right to remain silent and to decline answering questions, including those about their birthplace or how they entered the United States. They are not obligated to let agents into their home unless the agents present a warrant signed by a judge that includes the immigrant’s name and address.
Even then, it is an immigrant’s right to review the warrant before taking action. Agents can slide a warrant under the door for examination, allowing one to confirm its validity without opening the door.
MIRA and other advocates hand out bright red “Know Your Rights” cards, created by the national Immigrant Legal Resource Center, that summarize these rights. In a high-stress moment, immigrants can hand the card to a law enforcement officer or slide it under their door.
What can people do if stopped in a vehicle?
Per the American Civil Liberties Union Massachusetts, a driver should stop the car in a safe area as soon as possible, turn off the car, turn on the inside lights, open the window partly, and place their hands on the steering wheel.
Upon request, anyone stopped should show police their driver’s license, registration, and proof of insurance. (In Massachusetts, undocumented immigrants can apply for and receive driver’s licenses.)
If an immigration agent asks to search the car or one’s belongings, immigrants have the right to say no. Agents do not have the right to search without either consent or probable cause that a crime has been committed.
Both drivers and passengers have the right to remain silent, and passengers may ask if they are free to leave.
What can immigrants do if detained?
If an immigrant is detained, they have the right to speak with a lawyer or ask for a lawyer immediately. They also have the right to make a phone call.
Immigration lawyers advise that immigrants do not sign any documents unless they fully understand what they say. Further, immigration lawyers say ICE officers might not always follow the protocol, which makes it more critical for immigrants to know and assert their legal protections.
If immigrants believe their rights have been violated, they can file a complaint with the appropriate agency. ACLUM recommends writing everything from the interaction, including the officers’ names, badges and patrol car numbers, as well as which agency the officers work for.
What documents should immigrants carry?
Advocates recommend that immigrants carry valid U.S. immigration papers if they have them, be it a work permit or green card, as they can provide protection if stopped by law enforcement.
If someone is undocumented, they should not lie about their status or provide false documentation, legal experts say.
What should immigrants do if they have children?
Emergencies can happen suddenly, especially for families facing deportation of a parent or guardian. Advocates say immigrants should include their children in conversations to help them understand what to expect.
Parents should identify a trusted caregiver who can take care of their children in case of an emergency. Forms like Massachusetts’ Caregiver Authorization Affidavit allow a parent to legally authorize someone to make health care and school-related decisions for their child for up to two years.
Parents should also gather and organize key documents, such as passports, Social Security cards, birth certificates, and medical records, and store them in a secure, easily accessible location, of which the caregiver is aware.
New Bedford’s Community Economic Development Center (CEDC) is one organization that has been assisting immigrant parents to not only secure passports for their children, who may be DACA recipients or citizens through birthright, but also learn about and possibly sign the caregiver authorization affidavits.
Resources
Nonprofits that provide low-cost help can be found at immigrationlawhelp.org.
Immigration Legal Support in the South Coast can be found at:
- Immigrants’ Assistance Center, Inc., 58 Crapo St., New Bedford
- Justice Bridge Legal Center – UMass School of Law, 257 Union St., New Bedford
- Catholic Social Services of Fall River, 1600 Bay St., Fall River
- Community Action Committee of Cape Cod & Islands, 372 North St., Hyannis
- Justice Center of Southeast Massachusetts, 62 Main St., Ste. 302, Brockton
The MIRA Coalition delivers Know Your Rights presentations, and lists additional organizations in Massachusetts that provide immigration legal services through attorneys or BIA-accredited representatives.
The MIRA Coalition provides an Immigration Helpline that does not offer legal advice or representation but provides valuable information, resources, and guidance. Follow the instructions on how to use the helpline here.
What a woke and liberal media outlet this has become…
Thank you for the insightful article on how to interact with law enforcement or ICE. I found the section on knowing your rights particularly valuable, as many individuals may feel overwhelmed or unsure in these situations. One aspect that could further enrich the discussion is the role of community organizations in supporting individuals during encounters with law enforcement. For example, many local groups offer legal clinics that provide free advice and representation for those who may face unjust treatment. In addition, they often conduct workshops to educate communities about their rights, creating a more informed public that can stand up to potential overreach by authorities. Moreover, the use of “writ of mandamus” is an important avenue that deserves consideration. This legal tool allows individuals to compel government officials to perform their duties, potentially offering a remedy when local law enforcement fails to follow the law. It’s a concept that can empower citizens, especially in cases where an individual’s rights are being compromised. Given these points, how do you think the availability of legal support services influences people’s willingness to assert their rights during police encounters?