Know Your Immigration Rights
Everyone in the United States has constitutional rights, regardless of immigration status. Know your rights and how to exercise them.
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RED CARD
Know Your Rights
The Red Card: Your Legal Shield
Many civil rights groups distribute a red card that you can show to ICE agents or police. The card states that you invoke your constitutional rights without needing to speak. Keep it in your wallet.
You can download the card at: ilrc.org/red-card (Immigrant Legal Resource Center)
Your Fundamental Rights
These rights apply to ALL people on U.S. soil, regardless of immigration status.
Right to Remain Silent (5th Amendment)
You are not required to answer questions about your immigration status, place of birth, how you entered the country, or any other question from ICE or police. You can say: 'I invoke my right to remain silent.' Do not lie — simply say nothing.
Right to an Attorney
You have the right to speak with an attorney before any interrogation. In immigration proceedings, the government does not provide a free attorney (unlike criminal cases), but you have the right to hire one. Ask to speak with your attorney immediately.
Right to Not Open the Door
ICE agents need a judicial warrant signed by a federal judge to enter your home. An ICE 'administrative warrant' is NOT sufficient to compel you to open. Ask to see the warrant slipped under the door or through a window before opening.
Right to NOT Sign Anything
Do not sign any document without reading it completely and without your attorney reviewing it. Agents may present 'voluntary departure' papers. If you sign them, you can be deported without your day in court and it may affect future cases.
Right to Make a Phone Call
If detained, you have the right to make a phone call. Call an attorney, a trusted family member, or memorize an immigration help line number. ICE must inform you of this right.
Right to Consular Notification
Under the Vienna Convention, if detained, you have the right to have your country's consulate notified. You can request they contact your embassy or consulate, who can help locate an attorney or assist your family.
Right to a Bond Hearing
Most detained individuals have the right to request a bond hearing before an immigration judge. The judge can order release on bond while the case continues in court. Certain criminal records may affect this right.
Right to Contest Deportation
Except in certain 'expedited removal' cases at the border, you have the right to a hearing before an immigration judge where you can present your case to remain in the country, seek asylum, cancellation of removal, or other relief.
If ICE Comes to Your Door
Follow these steps calmly. Do not panic.
Do Not Open the Door
Stay inside. Ask through the closed door: 'Who is it?' If they say ICE, say: 'I will not open the door without seeing a judicial warrant signed by a judge.'
Request to See the Warrant
Ask them to slide the warrant under the door or show it through a window. Read it carefully. A 'Warrant of Removal' (Form I-205) is an ADMINISTRATIVE warrant, not a judicial one. Only a warrant signed by a federal judge (showing 'U.S. District Court' or 'U.S. Magistrate') authorizes forcible entry.
Say Nothing Without Your Attorney
If the door is opened (due to a valid judicial warrant or if someone opens it unintentionally), say clearly: 'I invoke my right to remain silent. I wish to speak with my attorney.' Repeat this and say nothing else.
Call Your Attorney Immediately
If you can, call your attorney before any questioning. If you do not have an attorney, call J. Lee & Associates at (770) 609-9396. If detained, request your phone call as soon as possible.
Do Not Sign Anything
Agents may try to get you to sign voluntary departure papers or other documents. Do NOT sign anything without your attorney reviewing it first. Saying 'I will not sign anything without my attorney' is completely legal.
If Police Stop You on the Street or in Your Car
On the Street
- ✓Stay calm. Keep your hands visible.
- ✓Ask: 'Am I free to go?' If they say yes, walk away calmly.
- ✓If you cannot leave, say: 'I invoke my right to remain silent.'
- ✗Do NOT mention your country of birth or immigration status.
- ✗Do NOT run or physically resist even if you believe the stop is unjust.
In Your Vehicle
- ✓Pull over safely and turn off the engine.
- ✓Provide license, registration, and vehicle insurance if requested (in GA, police can request driver ID).
- ✓Passengers: not required to identify themselves unless the officer has reasonable suspicion.
- ✗Do NOT consent to a vehicle search. You can say: 'I do not consent to any search.'
Documents You Should Carry
With Legal Status
- ●Permanent resident card (Green Card)
- ●Work permit (EAD) if applicable
- ●Valid passport
- ●Valid visa if nonimmigrant
- ●I-94 or entry document
With Pending Case
- ●USCIS letter or copy of your petition receipt
- ●Immigration court hearing notice (if applicable)
- ●EAD if work permit is approved
- ●ILRC red card
- ●Attorney phone number memorized
Kept at Home (Safe Copy)
- ●Passports of all family members
- ●Birth certificates
- ●Tax returns (last 5 years)
- ●Evidence of time in the U.S.
- ●Family emergency plan (see below)
Family Emergency Plan
Prepare your family NOW, before there is a crisis. This plan can make all the difference.
Name a Trusted Contact
Choose one person (citizen or permanent resident) who can care for your children if you are detained. This person should have a notarized power of attorney to make educational and medical decisions for your children.
Power of Attorney for Minor Children
Prepare a legal document authorizing your trusted contact to act as temporary guardian of your children. This is especially important if your children are U.S. citizens.
Teach Your Children
Your children should know: (1) their full name, (2) their trusted person's number, (3) they have the right to remain silent, and (4) they should not sign anything or open the door without a trusted adult present.
Prepare a Document Envelope
Keep copies of all important documents in a safe and accessible place for your trusted person: passports, birth certificates, tax returns, evidence of residency, and your attorney's number.
If You Are Detained: Your Immediate Rights
REMEMBER THESE STEPS:
Do not panic. Say your name if asked (required by law in GA, but nothing more). Ask to speak with an attorney. Request your phone call. Do not sign anything.
Call Your Attorney
Memorize: (770) 609-9396
Request a Bond Hearing
You have the right to request a hearing before an immigration judge to determine if you can be released on bond.
Consular Notification
Request that your consulate be notified. The consulate can help find an attorney or assist your family.
Write Everything Down
If possible, write down agent names and badge numbers, the time and place of detention, and witness names.
Communicate with Your Family
Use your phone call to notify a family member or trusted person. Tell them where you are and to call an attorney.
Do Not Sign Voluntary Departure
Voluntary departure may seem like a quick option, but it can close the door to future immigration benefits. Consult an attorney first.
Need an Immigration Attorney in Georgia?
J. Lee & Associates represents immigrants in Georgia. We act fast in detention cases. Free and confidential consultation.