With former President Donald Trump re-elected to a second term, many immigrants are feeling anxious about the future. These concerns are not without good reason. The incoming administration has talked openly about stricter immigration policies, an increase in deportations, and other limitations for non-citizens. It is difficult to predict just how things will be after January 20th. If you are a non-citizen or someone helping immigrants, it’s important to stay informed about your rights and how to protect yourself and your community. This guide is an introduction to explain key rights, how to prepare for possible immigration enforcement actions, and provide resources for additional support.
Your Constitutional Rights
Regardless of your immigration status, you have certain rights in the United States. These rights protect you in any situation, especially if you are stopped or questioned by Immigration and Customs Enforcement (ICE). Here’s what you need to know:
- Right to Remain Silent
If you are stopped by ICE or any law enforcement officer, you do not have to answer questions about your immigration status or personal information. You may refuse to speak with law enforcement. You do not have to state where you were born or how you entered the U.S. Never lie to an officer. A simple response to an officer asking what your status is could be, “I don’t need to answer that question.” If you are not a U.S. citizen and an immigration officer requests your papers, you must show them if you have them with you. If you are over 18, carry your immigration documents with you at all times. If you do not have immigration papers, say you want to remain silent. - Right to Refuse Home Entry Without a Warrant
ICE agents cannot enter your home without a warrant signed by a judge. If they come to your door, ask to see the warrant before opening a door or allowing them inside. They may try and show an “ICE warrant” but unless it is signed by a judge it is not valid. ICE is not required to tell the truth when they talk with you so be very thoughtful what you say to them. - Right to Legal Representation
If ICE wants you to sign anything, do not do so without consulting an attorney. Signing documents without understanding them can hurt your immigration case.
Any non-citizen in the United States should be extra careful to not break any laws. Being charged with a crime will put you at a much higher risk of arrest and possibly deportation. For detailed, easy-to-understand video guides on how to respond if ICE stops you, visit We Have Rights. This website features videos in many languages and explains your rights step by step.
How to Prepare for Immigration Enforcement
While it’s important to know your rights, it’s also crucial to be prepared in case you face immigration enforcement. Here are some steps to help you feel more secure:
- Create an Emergency Plan
- Legal Help: Keep the contact information of an immigration lawyer or a trusted legal service organization. If you do not have an attorney now, it is wise to consult with one prior to the new administration.
- Important Documents: Store important papers, such as your ID, immigration records, and emergency contacts, in a safe place.
- Family Plans: If you have children or dependents, make arrangements for their care in case you are detained. The Informed Immigrant has an excellent guide to make a family plan.
- Stay Informed
Immigration laws and policies can change quickly. To stay up to date, check resources like the New York Immigration Coalition (NYIC), which offers Know Your Rights guides in multiple languages. These guides help immigrants stay informed about their rights in the face of changing policies. - Watch Out for Scams
Unfortunately, some people try to take advantage of immigrants during times of uncertainty. Be cautious of anyone promising quick solutions or guaranteed immigration status. Always verify the credentials of any legal service provider before working with them.
Special Considerations for Vulnerable Groups
Some immigrants may feel particularly vulnerable due to their status or background. If you are part of a group that faces extra risks, like those without legal status, asylum seekers who have yet to file, or individuals with past deportation orders, it’s even more important to stay informed. Here are some things to consider:
- Temporary Protections: If you have protections like Deferred Action for Childhood Arrivals (DACA) or Temporary Protected Status (TPS), seek legal advice specific to your situation.
- High-Risk Groups: Some immigrant communities, especially those from countries with strained relations with the U.S., may be targeted more frequently by immigration enforcement. If you are in such a group, stay alert and always know your rights. Prepare now. Talk with your friends, family, and neighbors.
For Service Providers: Supporting Your Clients and Building Community Strength
The immigrant community is stronger when it supports each other. Allies can make a big difference by standing up for immigrant rights, sharing correct information, and creating safe spaces where people can ask questions and get help. Service providers, like community organizations, other supportive groups or congregations can play a key role in supporting immigrants during times of increased enforcement. Here’s how you can help:
- Be a Supportive Ally: Amplify the voices of immigrants and stand up against misinformation.
- Create Safe Spaces: Make sure that immigrant communities know where they can turn for help and support.
- Provide Educational Resources: Host Know Your Rights workshops using materials from credible places like We Have Rights and NYIC. Invite local experts to present. These workshops can teach people who may be a target of enforcement how to respond if stopped by ICE and help them understand their rights. Offering Know Your Rights sessions in languages specific to local communities ensures that information gets to targeted people.
- Connect with Local Groups: Work with grassroots organizations to create local networks that can offer assistance when needed.
- Advocate for Protections: Support local policies that help protect immigrants from unfair immigration enforcement. Immediately consider policies, for example, that may limit cooperation between local law enforcement and federal immigration authorities. Prepare ahead of time for what to do if ICE shows up at your organization looking for program participants. If they do not have a judge-signed warrant they should not be able to access individuals. Lean on confidentiality standards if you need to.
- Don’t Make Assumptions about What People Need: You may have an idea how you want to help a person feeling anxiety about increased enforcement risks. If you witness or are present for an enforcement action, make sure you act in a way that the person who the focus of an action wants. For example, people facing arrest may actually want to comply with authorities if it means that their children or household is “safe.” The more you communicate with people both ahead of time and in the moment, the more you can honor their own wishes.
Conclusion
While recent changes in immigration enforcement policies may feel overwhelming, knowledge and preparation can help you feel safer. Whether you’re a non-citizen or someone who helps immigrants, understanding your rights and using trusted resources like We Have Rights or the Immigrant Defense Project can provide the information and confidence you need. For vulnerable groups, preparing with legal advice, emergency plans, and up-to-date resources is crucial. By working together, we can ensure that immigrant communities remain strong and protected, no matter the challenges ahead.
-Matt Tice, Director of Asylum Seeker Programs
We at Jericho Road Community Health Center are committed to protecting families and our patients. Together, we can stay informed, stay safe, and protect the rights of all community members. Matt Tice is our Director of Asylum Seeker Programs. He has worked to build an extremely competent and compassionate team to support hundreds of asylum seekers each year. Consider joining these efforts to support and welcome our newest neighbors by volunteering, working for us, donating, and standing in solidarity with immigrants.
