As mass deportation sweeps by ICE increase across the United States, undocumented immigrants must be prepared in case they are detained. Without a plan, families can be torn apart, children left without caregivers, and vital possessions lost. Preparation is key to ensuring that families can navigate this difficult situation with some level of security.
Civil rights groups recommend that undocumented individuals should keep copies of important documents—including passports, birth certificates, work records, utility bills, and any pending immigration paperwork—both with them and in a safe place. These documents should also be accessible to a trusted friend or family member. Having the contact information of an immigration lawyer or legal aid group is essential, as legal representation can mean the difference between deportation and relief.
Families should discuss and establish emergency plans, including identifying a trusted adult to care for children if parents are detained. Children should know who to contact and where to go in case of separation. Additionally, immigrants should memorize key phone numbers, as detained individuals may not have access to their cell phones.
By preparing ahead of time, undocumented immigrants can protect their families, safeguard their rights, and improve their chances of fighting deportation. Planning now can make an enormous difference in an unpredictable and difficult situation.
Civil rights and immigration attorneys are reminding undocumented residents that they still have constitutional rights, and it's crucial they are aware of them as mass deportation raids increase. Here are key rights and protections they should know:
1. Right to Remain Silent
- You do not have to answer questions from ICE or law enforcement about your immigration status.
- You can say: "I am exercising my right to remain silent."
- Do not provide false information or fake documents.
2. Right to Refuse a Search Without a Warrant
- You do not have to open your door unless ICE agents show a signed judicial warrant (issued by a court, not just ICE).
- You can ask: "May I see the warrant?"
- If they only have an ICE warrant (Form I-200 or I-205), you do not have to let them in.
3. Right to an Attorney
- You have the right to speak to a lawyer before answering any questions.
- You can say: "I want to speak to an attorney before I answer any questions."
- Do not sign anything without a lawyer reviewing it.
4. Right to Refuse to Sign Documents
- ICE may try to pressure you into signing voluntary deportation papers.
- Do not sign anything unless your lawyer advises you to.
5. Right to a Hearing
- You have the right to a hearing before an immigration judge before being deported.
- Only an immigration judge can order deportation, not ICE agents.
- If detained, ask for a bond hearing to request release.
6. Emergency Planning
- Memorize the phone number of a lawyer or legal aid group.
- Have a plan with family members in case of detention.
- Carry copies of important documents in a safe place.
7. If Stopped in Public or at Work
- Remain calm and do not run.
- You can ask: "Am I free to leave?" If yes, walk away.
- If detained, remain silent and request a lawyer.
8. If Arrested or Taken to a Detention Center
- Do not disclose your country of origin or immigration status.
- Request a bond hearing.
- Contact an attorney or family member.
9. Special Protections for Certain Groups
- DACA Recipients: May have some protections but should consult a lawyer.
- Victims of Crime or Domestic Violence: May be eligible for legal protections like U Visas or VAWA.
- Asylum Seekers: If in danger, express your fear of returning to your home country to an immigration officer.
10. Know Your Resources
- Contact organizations like:
- United We Dream (hotline: 844-363-1423)
- National Immigration Law Center (www.nilc.org)
- American Civil Liberties Union (ACLU) (www.aclu.org)
Guests:
Elizabeth Almanza is with American Gateways, an immigration advocacy organization in Central Texas.
David Donatti is a senior staff attorney with the ACLU of Texas.
"The Source" is a live call-in program airing Mondays through Thursdays from 12-1 p.m. Leave a message before the program at (210) 615-8982. During the live show, call 833-877-8255, email thesource@tpr.org.
This interview was recorded on Tuesday, January 28, 2025