This article was originally published by Borderless Magazine.
With President-elect Donald Trump taking office, organizations nationwide have been preparing for his hardline immigration promises with Know Your Rights workshops.
Immigration advocates hope to equip immigrants with critical information about their rights in light of Trump’s plans to carry out mass deportations and reinstate travel bans.
“When people are interacting with immigration agents, if they do so in the wrong way, they can get themselves in trouble — they can get arrested, they can say stuff that can set themselves up for deportation,” said Fred Tsao, senior policy counsel at the Illinois Coalition for Immigrant and Refugee Rights. “We want to make sure that people know what their rights are and feel comfortable being able to exercise them.”
Regardless of their status, all immigrants are entitled to certain rights and protections under the U.S. Constitution.
“Our U.S. Constitution, our Bill of Rights, guarantees rights to everybody [who is] in the United States,” Tsao said. “It’s not just citizens, it’s not just people who are born here. It’s not even just people who are legally here. It’s everybody.”
Trump’s Border Czar, Tom Homan, said the administration plans on reviving family detention centers and instating halfway homes for children of noncitizens. He also promised last month that the administration’s deportation plans will begin in Chicago.
Dulce Guzmán, executive director of Alianza Americas, emphasized the need for mental health services during this time of uncertainty. While informing immigrants of their rights is important, it can also generate anxiety and fear of what’s to come, she said.
“We’re in a waiting game,” Guzmán said. “But [we’re] making sure that we have the people, the resources, and most importantly that we stay grounded…because this is going to be a long next four years.”
Outside of Know Your Rights education, Tsao added that ICIRR encourages people to get involved in their communities — whether through a local organization, labor union or faith congregation.
“People are not alone,” Tsao said. “There are family members, institutions, organizations that can provide assistance, support and help.”
Borderless spoke with local immigrant leaders and immigrant rights organizations to compile this Know Your Rights guide. Read on to learn what rights you are entitled to here in Chicago, regardless of immigration status.
You Have The Right To Remain Silent
Under the Fifth Amendment of the U.S. Constitution, you do not have to speak with an Immigration and Customs Enforcement (ICE) agent, answer their questions, or sign any papers if they ask, according to the Immigrant Legal Resource Center.
The right to remain silent includes protections around “self-incrimination,” which means saying anything that may signal your responsibility or involvement in a crime. That means you have the right not to speak with an ICE agent. You don’t have to tell them anything about your citizenship status or what country you are from.
Anything you share with an immigration officer or federal official can be used against you in immigration court. If you choose to answer questions, know that lying to an immigration officer has permanent consequences that can bar you from citizenship.
If you decides to speak, immigrant rights groups recommend that you ask to talk to a lawyer or request to see an arrest warrant with your name.
You Have The Right To Walk Away From An Interaction With ICE
If you are stopped by an officer, you can ask whether you are being arrested or detained. If you are not being arrested or detained, you have the right to walk away from an interaction with ICE, according to Informed Immigrant, an immigrant resources organization.
If you are arrested by ICE, you can ask to call a lawyer, according to the American Civil Liberties Union (ACLU). You do not have to sign any documents without your lawyer present.
You Have The Right To Refuse To Be Searched
You can choose not to consent to being searched by ICE officials by saying: “I do not consent to being searched.”
ICE officials do not have the right to search you without your consent or probable cause, according to the ACLU. Probable cause means that an official must have a “reasonable” basis for believing you may have committed a crime, according to the Cornell Law School Legal Information Institute.
Borderless Magazine is reimagining immigration journalism for a more just and equitable future.
