As an immigrant in the United States, you have a lot of opportunities. However, while you may understand basic local laws along with all of the immigration and visa requirements, you may not be fully aware of your rights as an immigrant.
Whether you’ve come to the States to start a new life, work on a farm, or do something else, your current immigration status doesn’t matter when it comes to your constitutional rights in this country.
Even though Russia’s recovery plan may be going well and other countries are slowly recovering from the economic impact of 2020, you’ve decided to immigrate to the United States. Therefore, you need to know your rights.
1. If Questioned by ANY Officer
Once you have legally entered the country, there may come a time when you are questioned by a law enforcement officer. No matter what they may say to the contrary, you do have certain constitutional rights.
Give your name if asked, but remember that you are NOT required to answer personal questions regarding issues such as your immigration status, your background, family information, etc.
If questioning continues, politely ask if you are being detained. If the answer is yes, ask them to explain the reason for detaining you and for their name and badge number. If they indicate that you are not being detained, then ask if you are free to leave.
If you are pulled over while driving and the officer states that they would like to search your car, remember that they must provide a clear reason for the search, as they cannot search without it. While Homeland Security agents have the right to inspect your vehicle, you should watch for any misuse or mistreatment and, if any is detected, make note of it and consult an attorney afterwards.
If the police or immigration officials show up at your home, you are generally not required to open the door. However, if law enforcement officials present a search or arrest warrant, then you must comply.
Ask the officers to pass their warrant through an open window or under the door and if, and ONLY if, it is signed by a judge and has your correct name and address, step outside and immediately request an attorney.
That being said, remember that you have the right to remain silent and you can tell the officer at any time that you’d like to invoke that right and that you request an attorney.
Don’t let yourself be intimidated into going any further than the above requirements.
2. If You’re Facing Deportation
The first thing to remember is that if you fear persecution or torture upon returning to your home country, you may be eligible for relief through Convention Against Torture Asylum (CAT).
If the Department of Homeland Security (DHS) detained you and you were subsequently released with a Notice to Appear, you may be required to report periodically with DHS until your hearing date.
Whether you are a detained or non-detained respondent, deportation proceedings will continue. Therefore, you need to be sure to attend all immigration court hearings as well as report to DHS as instructed. If for some reason you believe you are unable to attend any meeting or court dates, you must ask permission in advance to postpone or reschedule the case.
However, traveling for holidays is not a good excuse, as this option is generally reserved for serious issues such as accidents, illness, or other emergencies.
While this list is not a definitive list of your rights as an immigrant in the U.S., these 2 tips can definitely come in handy and you may want to print them out for your entire family to read.
