Understanding Your Legal Rights if Apprehended by Law Enforcement

The Trump Administration has taken a hard-line approach in regard to immigration enforcement. Reports of worksite raids, home visits, and public stops by U.S. Immigration and Customs Enforcement (ICE) agents have created anxiety for many in the immigrant community, even among those who are in the United States in lawful status. Immigrants are oftentimes unfamiliar with their legal rights under the U.S. Constitution, regardless of immigration status. To that end, the American Immigration Lawyers Association (AILA) has published a series of “Know Your Rights” pamphlets for lawyers to share valuable information to help educate immigrants on how to respond to ICE agents in various situations. These have been made available in PDF format on MurthyDotCom.

Legal Rights as Employees or as Private Persons Varies Depending on Location

As detailed in the pamphlets, there are variations in a person’s legal rights if ICE comes to one’s worksite or home, or if the person is stopped in public. The goal is to inform the public that everyone living in the United States, even undocumented immigrants, are protected by the U.S. Constitution and are entitled to certain legal benefits.

One’s home is considered one’s castle and courts generally are reluctant to issue a subpoena or warrant unless there is probable cause to believe that a crime has been committed. So, for example, if law enforcement comes to a person’s residence, the homeowner or renter is allowed deny a request to search the premises unless law enforcement has a search warrant signed by a judge. In the absence of such a warrant, one is not required to permit government officers to enter one’s home, and one is not even required to open the door.

Other Rights Afforded to Those in the U.S.

Every person in the United States has certain legal rights and protections afforded by the U.S. Constitution. These rights include the right to remain silent and not answer questions. There is a constitutional right to speak to a lawyer if a person is taken into custody. Finally, one should never sign any document provided by ICE or another law enforcement agency, without first speaking to an attorney.

Conclusion

Every person in the United States has certain legal rights and protections afforded by the U.S. Constitution. These rights include the right to remain silent and not answer questions. There is a constitutional right to speak to a lawyer if a person is taken into custody. Finally, one should never sign any document provided by ICE or another law enforcement agency, without first speaking to an attorney. Government officers will frequently try to convince persons whom they encounter that cooperation will provide some benefit to them. This is frequently not the case, and one should not be afraid to invoke his/her constitutional protections.

 

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Disclaimer: The information provided here is of a general nature and may not apply to any specific or particular circumstance. It is not to be construed as legal advice nor presumed indefinitely up to date.