It is crucial to know: The U.S. Constitution guarantees certain rights to everyone in the country, no matter their immigration status. If you or your loved ones are impacted by a raid, there are steps you can take to protect yourselves. Here are four key actions to remember, based on the Immigration Legal Resource Center’s Red Card:
1. YOU DO NOT HAVE TO OPEN THE DOOR
Under the Fourth Amendment of the U.S. Constitution, you are protected against unlawful searches and seizures. If an immigration agent is knocking on the door, you are not required to open it unless they have a judicial warrant signed by a judge. Remember, a warrant must have your correct name and address. Without such warrant, they cannot enter your home without your permission.
2. YOU DO NOT HAVE TO ANSWER ANY QUESTIONS
The Fifth Amendement gives you the right to remain silent. If an immigration agent tries to question you, you are not obligated to answer. If you choose to speak, you must be truthful—lying can have serious consequences.
3. DO NOT SIGN ANYTHING
The Sixth Amendment protects your right to legal representation. Do not sign any documents given to you by an immigration agent without first consulting a lawyer. Signing could waive your rights or agree to your deportation without your understanding.
4. IF YOU ARE OUTSIDE YOUR HOME
The Fourth Amendment also applies to interactions outside your home. If approached by an immigration agent, you can ask, "Am I free to leave?" If they say yes, calmly walk away. Remaining calm and composed is essential to avoid escalating the situation.
Additional information from reputable legal sources:
Immigrant Rising: Support for Immigrant Families Targeted for Deportation
Resources for vulnerable communities, ways to be an ally in action, organizations to support, and response hotlines.
ACLU: Know Your Rights
Regardless of your immigration status, you have guaranteed rights under the Constitution. Learn more here about your rights as an immigrant, and how to express them.
ACLU: Know Your Rights about DACA
Learn about your rights to be protected as a Deferred Action for Childhood Arrivals recipient.
Immigrants Legal Resource Center: Tarjetas Rojas (Red cards)
All people in the United States, regardless of immigration status, have certain rights and protections under the U.S. Constitution. The ILRC’s Red Cards help people assert their rights and defend themselves in many situations, such as when ICE agents go to a home.
College Access for Non-citizens is a non-partisan, grassroots, youth-led nonprofit organization (501(c)(3)), committed to dismantling barriers in higher education.