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കുടിയേറ്റക്കാരുടെ അവകാശങ്ങൾ

Published on 04 February, 2025
കുടിയേറ്റക്കാരുടെ അവകാശങ്ങൾ

Regardless of immigration status, immigrants do have rights under the U.S. Constitution.

ICE officers are at my door

According to interviews with multiple Louisville based-immigration attorneys, along with information from the ACLU's Know Your Rights website, here are immigrants' rights under different scenarios:

 

•           You do not have to open the door unless ICE officers have a judicial warrant signed by a judge.

•           Ask to see the warrant before inviting ICE in or stepping outside your home. Administrative warrants are not signed by a judge and do not allow ICE to enter your home without your consent.

•           You have the right to remain silent.

•           You may refuse to show identity documents showing your originating country.

•           You do not have to sign any paperwork without speaking to an attorney first. Even if you don't yet have a lawyer, you can tell the immigration officer you want to speak to one.

I'm in public and ICE stopped me 

Don't run.

You have the right to remain silent. Any information provided to ICE can be used against you in civil removal proceedings or potentially in criminal referrals.

You can refuse a search of your belongings, your phone and yourself — but an officer may pat down your clothes if he or she suspects a weapon.

You have the right to have an attorney present during questioning.

You can ask the officers if you are free to leave. If the officer says 'no,' you have the right to remain silent.

You may show a Know Your Rights card to the officer.

I'm at church or have to attend a hearing at immigration court

Places like churches and immigration court were previously deemed "sensitive" zones.

On Jan. 21, the U.S. Department of Homeland Security acting secretary Benjamine Huffman issued a directive that rescinds the Biden Administration's guidelines that "thwart law enforcement in or near so-called 'sensitive' areas," per a DHS press release .

However, each place can still designate private areas within the space that aren't public, but immigration attorneys told The Courier Journal it's best if the church or court has a sticker on the door that deems the area private.

An immigrant's rights in this situation are the same as if detained in public.

I've been stopped in a random traffic stop

According to a three-year-old class-action settlement in the Northern District of Illinois, which covers Kentucky and Indiana as part of the Chicago region for ICE enforcement and removal operations, additional protections are afforded to immigrants until May 13, including:

ICE does not have federal statutory authority to enforce state or local traffic laws, so an ICE officer cannot say a driver or vehicle was stopped related to any vehicle or traffic laws.

ICE may stop a vehicle to enforce civil immigration laws "only if they are aware of specific, articulable facts that reasonably warrant suspicion that the vehicle contains an alien who may be illegal in the country."

I'm not actively being detained, but how should I prepare?

Know your rights and exercise them loudly and in English, like "I want a lawyer."

Always ask "Am I free to go?" which helps determine whether you are being detained or arrested. ICE has to meet a legal standard to detain or arrest an immigrant.

Speak to an immigration lawyer before voluntarily accepting removal. You may be eligible for relief from removal from the U.S., even if you have a prior order for removal.

Review your social media accounts to not disclose information you may want to be private or could be deemed harmful.

Make a safety plan for your detention or removal.

Apply for passports for U.S. citizen children.

Designate an emergency contact who can handle all legal and personal matters in your absence.

Plan to have a minimum of $5,000 to $10,000 available to be released from ICE custody on bond, if eligible.

https://local.newsbreak.com/kentucky-state/3785211499284-ice-is-trying-to-detain-you-now-what-a-guide-to-immigrant-rights-in-kentucky?s=dmg_local_email_bucket_7.web2_fromweb&emailId=er75WhD

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Be Alert 2025-02-05 01:52:01
Many people with valid papers are also arrested. Most of the Indians look like Mexicans. Don’t think that you’re safe because you voted Trump.
A citizen 2025-02-04 22:29:11
Best thing is to do everything to avoid interaction with law enforcement. Do not drive a car without valid driver’s license or car registration/insurance papers. If stopped by law enforcement, be respectful. The instructions given are very good. Feel sorry for those who are here without valid papers.
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