KNOW YOUR RIGHTS
On April 23, 2010, the Republican Governor of Arizona, Janice Brewer, signed into state law a draconian anti-immigration bill of doubtful constitutionality. Governor Brewer made it a crime to simply be out-of-status in Arizona. In other words, your very existence in the state could be a crime in Arizona.
To establish your innocence, you are required by Arizona law to carry your alien registration documents, green card, drivers’ license, passport or other proof of U.S. citizenship. Failure to do so in Arizona means you could be arrested and charged with a crime.
The Arizona law goes so far as to require police officers in Arizona to question people about their immigration status-including demanding identification-if they suspect those persons are undocumented. The police are given broad powers to question and detail individuals who they suspect are in the U.S. illegally, which could easily lead to racial profiling, harassment and other abuse. The law also makes it a crime for people to hire undocumented immigrants for day labor or to knowingly transport them.
Fortunately for all of us, Washington does not have laws like Arizona’s. In fact, Seattle in 2003 passed an ordinance that prohibits Seattle city officers and employees from inquiring people’s immigration status, unless an officer reasonably believes a person has been previously deported and are committing or have committed a felony. That is a pretty high standard, and it requires something more than an accent or non-white skin for a police officer to begin interrogating people regarding their citizenship or immigration status.
Even so, you should know what your rights are if you are ever stopped by the police or the Department of Homeland Security. Aside from law enforcement contacts in Arizona, the following are some excerpts from the American Civil Liberty Union’s pamphlet "Know Your Rights" that are applicable to all persons, undocumented, legally present and citizen alike:
- You have the constitutional right to remain silent. You have the right to talk to a lawyer before you answer questions. It is not a crime to refuse to answer questions, with one important exception.
- If you are stopped on the street, ask if you are free to go. If the answer is yes, consider just walking away. If the police say you are not under arrest, but are not free to go, then you are being detained. If you have been detained, some states require you to tell the police officer your name if asked.
- Police or other law enforcement agents cannot search your home unless you give them permission or they have a search warrant. (Cars are a different matter). A search warrant is a court order that allows the police to conduct a specified search. You should say clearly that you have not given your consent and that the search is against your wishes.
The following rights apply to non-citizens who are inside the U.S. Non-citizens at the border who are trying to enter the U.S. have additional restrictions and do not have all the same rights.
- You have the right to call a lawyer or your family if you are detained, and you have the right to be visited by a lawyer in detention. You have the right to have your attorney with you at any hearing before an immigration judge. You do not have the right to a government-appointed attorney for immigration proceedings, but if you have been arrested, immigration officials must show you a list of free or low cost legal service providers.
- If you have documents authorizing you to stay in the U.S., you must carry them with you and show them to any police or immigration officer.
- Once you have shown evidence of your status, you do not have to talk to officers further – it is up to you. You may be better off remaining silent and talking to a lawyer first, depending on your situation. Immigration law is very complicated. You may have a problem without realizing it.
- If you waive your right to a hearing or fail to appear for your hearing, you could lose your eligibility for your hearing certain immigration benefits, and you could be barred from returning to the U.S. for a number of years. You should always talk to an immigration lawyer before you decide to give up your right to a hearing.
- Never sign anything without reading, understanding and knowing the consequences of signing it.