Know Your Rights: What to Do When Stopped by Immigration

If you're an immigrant in Oregon and you are stopped by immigration authorities, such as Immigration and Customs Enforcement (ICE), it's important to know your rights. 

Oregon is known as a "sanctuary state" because local police and government are not allowed to help ICE find and arrest people. But sanctuary laws do not stop federal officers like ICE from making immigration arrests in Oregon.

What should I do if I'm stopped by immigration officers?

If immigration agents approach you or come to your home, stay calm.

• You do not have to answer any of their questions. You can say: “I want to remain silent and speak to a lawyer."
• If an immigration officer asks to search you, you can say no.

If you are 18 years or older and you have immigration papers, you are required to always carry them with you. If an immigration officer asks to see your papers, you must show them.

Examples of papers you should carry: 

• If you are a lawful permanent resident (you have your "green card") you should carry your "I-551 Permanent Resident Card." 
• If you were approved for a special immigration status, for example a "u-visa" for crime victims, you should carry the "I-797C, Notice of Action" showing you were approved (also called an approval notice).
• If you have a work permit, also called an "Employment Authorization Document" or EAD, you should carry that card with you.

If you do not have papers, you can tell the officer you wish to remain silent and ask to talk to a lawyer before answering any questions or signing any documents.

Avoiding rapid deportation (expedited removal)

Immigration authorities have recently expanded a special rapid deportation program called expedited removal. This program makes it even more important to carry proof of your legal immigration status on you at all times.

Expedited removal is a fast deportation process where you could be deported without an immigration judge ever looking at your case. Until recently, it was used mostly at the border and in airports. However, it has been expanded to apply everywhere in the United States. 

ICE officers can try to deport you this way if they believe:

1. That you do not have legal immigration status, and
2. You have been in the country for less than two years. 

The only exception is if you tell the officers you fear returning to your country and can meet certain requirements including passing an interview. If you get arrested and put in expedited processing and have a fear of returning to your country of origin, make sure to say this loudly and clearly every chance you get.  

If you are undocumented and have been in the United States for more than two years, you should carry some proof that you have been here that long. For example:

• A signed lease.
• Church or school records with your address.
• Medical papers that include dates.
• Mail that you have received at your home address with a dated postmark.

Carry copies of these documents instead of the originals, so you do not risk losing them.

For more about your rights in expedited removal, see this guide by the National Immigration Law Center.

What can I do if ICE officers come to my home? 

It's important to remember that ICE cannot enter your home without a special document called a search warrant signed by a judge.

• If they do not have a warrant, you do not have to open your door. 
• If they say they have a warrant, ask to see it through a window or have them slide it under the door.  Make sure it is signed by a judge and not an ICE officer or supervisor.

Go here to see examples of judicial and immigration warrants and learn more about the differences. 

Do not sign anything without legal advice.

• ICE may ask you to sign documents agreeing to leave the country voluntarily.
• Do not sign anything without talking to a lawyer first.

Ask to talk to a lawyer.

• You have the right to talk to a lawyer, even if ICE says you don’t.

If you don't have a lawyer, the government does not have to give you one if you are arrested for an immigration violation.

Even though the government doesn't have to give you a lawyer, free and low-cost legal help is available. Go here for more information on finding immigration legal help.

Learn more about your rights:

• For more information about your rights when dealing with ICE officers, see this Know Your Rights guide by the ACLU of Oregon, a civil rights organization.

More Immigration Articles: