Newsletter October 2001

YOUR RIGHTS IF ARRESTED OR DETAINED

CONSTITUTIONAL RIGHTS CANNOT BE SUSPENDED – EVEN DURING A STATE OF EMERGENCY OR WARTIME

  1. You do not have to answer questions. This includes questions from police, FBI, INS, or any other law enforcement agency, no matter where you are, even in jail.
  2. Your home cannot be searched without a warrant. You may demand to see the warrant; it must be specific. You still should object, to prevent a search that exceeds the scope of the warrant. You may monitor the search, take notes and names and badge numbers. You do not have to answer questions under a warrant.
  3. You do not have to cooperate without a warrant. Agents may lie or trick you into cooperating. Your refusal to cooperate cannot be held against you, and does not make you look guilty. Your words could be mis-used, no matter how friendly the agent seems.
  4. You may ask if you are free to go. If you are stopped on the street, it's OK to ask whether you're under arrest or whether you're free to leave. If you don't get an answer, state that you don't wish to speak and then leave. Only by placing you under arrest may agents keep you.
  5. Anything you say will be used against you and others. Once you've been arrested, you can't talk your way out of it! Don't try to engage in dialogue or respond to accusations.
  6. Don't worry if threatened with subpoena. They may give you a subpoena anyway, so don't speak; it will only allow them to ask you more questions later. Hire an attorney immediately if served with a subpoena.
  7. Tell them to contact your lawyer. Agents are not allowed to ask you questions if you tell them you want a lawyer. You may do this even if you do not have a lawyer already; you will be given opportunity to find one.
  8. You don't have to reveal your immigration status. You do not have to say whether you are in the U.S. legally or illegally.
  9. You have the right to call your consulate. If you are not a citizen, you may call or have the police call, and you have the right to be visited by your consul. You also have the right to refuse help from your consulate.
  10. Do not talk to the INS, even on the phone, without an immigration lawyer. INS officers may not explain your rights and options to you; only an immigration attorney will do this.
  11. Non-citizens have the following rights:
    • The right to speak to an attorney before answering
    • questions or signing documents;
    • The right to a hearing with an Immigration Judge;
    • The right to have an attorney (at your cost) when you are before a Judge or at an interview with INS;
    • The right to request release from detention through bond.

If you do not demand these rights, you could be deported without seeing either a Judge or an attorney!

245(i) UPDATE

Both the House and Senate are considering extension of 245(i), which allows people to obtain green cards even if they entered illegally. The extension could have a cut-off date (i.e., denying marriages that occurred after Nov. 2001), so you should do any of the following immediately:

  • Marry your intended spouse
  • Finalize qualified adoptions
  • File an "employment case" (Labor certification)
  • File a family petition for your relative

Be ready for the change in law. You could be left out by a retroactive deadline, so act now!

Don't forget about TPS for Salvadoreans. Stop your deportation and get permission to work!