Know Your Immigration Rights
The U.S. Constitution guarantees certain basic rights to everyone living in the United States, even undocumented immigrants.
Your Rights:
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You have the right to remain silent and to contact an attorney.
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Note: You must ask for an attorney out loud.
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You have the right to due process and to have your case heard before a judge.
If you interact with law enforcement or ICE (U.S. Immigration and Customs Enforcement):
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Stay calm.
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Do NOT volunteer any information.
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You do NOT need to provide your immigration status or place of birth.
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Do NOT show or use any false or fraudulent documentation, including a fake name.
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You are NOT required to sign any document without speaking to an attorney. Do not sign a document you do not understand.
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If ICE visits your home or place of work, ask to see a warrant before you open the door.
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If an immigration agent wants to show you a warrant, they can show it through the window or slide it under the door.
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In order to be valid, the warrant must be signed by a judge and must have your correct name and address on it.
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Do NOT open the door if the warrant isn’t signed by a judge and doesn't have the correct name and address.
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Remember, anything you tell an officer can be later used against you in immigration court.
If you have been arrested and are facing a deportation order:
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You generally have the right to a hearing to challenge a deportation order, unless you have signed something that waives your right to a hearing or have opted for a voluntary departure.
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If you are told you do NOT have the right to see an immigration judge, you should speak with a lawyer immediately.
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You have the right to an attorney, but the government does not have to provide one. There may be free or low-cost alternatives available.
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If you fear prosecution or torture in your home country, tell an officer and contact a lawyer immediately. You may have additional rights if you have this fear.
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Do not discuss your immigration status with anyone but your lawyer.
Create a Safety Plan:
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Memorize a close friend or family member’s phone number who can assist you if you are detained.
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Have a plan for children or other dependents if you are detained.
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Keep important documents such as birth certificates and immigration documents in a safe place where a friend or family member can access them if necessary.
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Make sure loved ones have your alien registration number if you have one. This number can be used to locate you if you are detained.
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Make sure your loved ones know how to find you if you are detained by ICE. They can use ICE’s online detainee locator to find an adult who is in immigration custody here.
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Your loved ones can also call the local ICE office here.
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You can call the Executive Office for Immigration Review (EOIR) hotline number at 1-800-898-7180 (toll-free) 24 hours a day, 7 days a week to get information on your case’s status.
DREAMERS (DACA):
- You can find the most up-to-date information on the DACA program on the USCIS website here.
- As of January 1, 2025, current DACA recipients are still protected and can keep their deferred action and work permits for now. If you have been granted DACA in the past, you are eligible to renew your DACA for now here.
Need help?
If you know a U.S. Citizen, a veteran or service member, or a lawful permanent resident being taken into immigration custody or removed from the United States who is represented by Rep. Sara Jacobs in California’s 51st district, please reach out to our office. We're able to help you with your immigration questions and navigate the complicated and often changing immigration process. If you already have an active immigration case with a federal agency like USCIS (U.S. Citizenship and Immigration Services), please be prepared to provide us with all relevant information.
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Get help from our caseworkers here
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Call the San Diego office at (619) 280-5353
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