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Editor’s note: This Monday marked the beginning of a new presidential administration and the fulfillment of the new president’s promise to deport millions of people. For many in our community, this is a terrifying time, but we believe it’s crucial that everyone knows their rights when facing this uncertainty. This is why we’re republishing a short guide from Spokane non-profit Manzanita House with permission from the organization.
This article is not specific legal advice. Each immigration case is different. If you think that something in this article applies to you, I recommend contacting an immigration attorney to discuss your case. Manzanita House does not endorse or oppose candidates or politicians. Our goal is to provide helpful information about immigration policy.
We cannot say with specificity what a second term from Donald Trump will look like. It can be difficult to determine what policies will be implemented by the Trump administration and how those policies will play out. Donald Trump has discussed increasing deportations, limiting family-based, employment-based, and humanitarian immigration options, and revoking temporary programs, like Temporary Protected Status and DACA. But details are incredibly important and until a new regulation is implemented, specific legal advice cannot be provided. What we can do is offer general advice to help you understand your rights and prepare for potentially challenging scenarios for you and your family.
Know Your Rights
Every person in the United States has basic rights that apply to them, whether they have status or not. If any law enforcement agent — this includes police, FBI, and immigration — tries to talk to you, you have the right to remain silent and request a lawyer. Because anything you say to law enforcement can be used against you, we strongly recommend that you do not speak in these situations. If you tell them that you wish to remain silent and you want to talk to a lawyer, you do not have to say anything else, nor are you required to sign anything — even if they insist.
If law enforcement comes to your home, you have the right to refuse entry unless they have a judicial warrant signed by a judge. A warrant from ICE or a government agency is not sufficient to grant entry — it must come from court and be signed by a judge. If they choose to enter your home, search you, or search your belongings, you have the right to say that you do not consent or allow their entry and/or search.
Your race, ethnicity, language, or accent are not legal reasons to be detained. If you engage in conversation, including answering questions about where you were born, that may give them “reasonable suspicion” to arrest you. You should never lie to an officer about anything — it is a crime. It is always safest to say that you do not want to talk and remain silent until talking to a lawyer. You should never sign anything without first speaking to an immigration attorney.
Family Preparedness
Even though it can be frightening, it is important to plan for these difficult scenarios. In families with children, it is essential to prepare for a situation in which one or both parents are arrested by immigration authorities and are unable to provide care for their children for any length of time.
The following is not legal advice and is not a substitute for working with an attorney. Legal Counsel for Youth and Children is an organization in Washington that has prepared forms that allow parents to designate their intentions for their child, appoint a power of attorney, and organize in case of inability to make those decisions. You can access these resources in English and Spanish by using the following URL or searching: Legal Counsel for Youth and Children, Immigrant Youth and Family Resources.
Although the future holds uncertainty, you can be prepared and empower yourself and your community by understanding your rights and your options. It is important for us to stand together as a community to protect ourselves and our neighbors – and Manzanita House is standing with you.
If you have additional questions, feel free to reach out to Manzanita Immigrant Legal Aid at mila @mhspokane.org or by calling 509-309-8404.
Additional resources
Employer Guide: What to do if immigration comes to your workplace
General Bystander Intervention Guide
Manzanita House Know Your Rights virtual workshop: Equip yourself and the immigrants in your life in this free workshop on February 6 at 7 pm. Space is limited, so you need to register here beforehand.
Contact us at team@rangemedia.co if you have a resource you think we should add to this list!
