written by Diana Winston in the Scottsdale Congregational newsletter, iConnect:
Even in this era of aggressive immigration enforcement, immigrants in our community are not without rights. Many are unaware of those rights, and as allies to our immigrant friends and neighbors, we can help them by letting them know they are not helpless and by speaking up if we see anything we believe violates their rights.
Contrary to what some would claim, the Bill of Rights of our US Constitution applies to visitors and immigrants as well as citizens. Generally speaking, people approached by ICE or CBP agents have the right to remain silent. They should not speak or answer questions. They particularly should not answer questions about where they are from or how long they have been in the US. Other general rules are to never lie or run away, and to refuse a search.
If an immigrant is in his home, he absolutely should not open the door to government agents. Just remain silent and stay inside.
In a public place a person cannot be arrested unless the agent presents a JUDICIAL warrant, signed by a Magistrate Judge and identifying the immigrant by his or her correct name. If no such warrant is presented, it is appropriate to ask the agent if the person is free to go. The immigrant does not need to prove anything. He does not need to supply any documents, nor permit a search of his belongings. The immigrant should never sign anything.
While driving anyone stopped should provide the officer with a valid driver's license, automobile registration and proof of insurance. The driver does not need to agree to a search of the car except by a police officer who has a reasonable belief that a crime has been committed. Clearly this is difficult. It seems the safest course of action is to refuse any search unless the detaining officer has a police badge, not an ICE or CBP badge.
We can all help immigrant friends know their rights. The following website: https://www.ilrc.org/red-cards-tarjetas-rojas provides simple cards, in English and Spanish, which may be given to anyone who might be subject to detainment or arrest. Ideally the cards should be printed on red cardstock, because ICE agents will recognize these cards and realize they are dealing with someone who cannot easily be bamboozled. However, most of us do not have red cardstock handy. The information is useful, even if printed in plain black and white.
In a future iConnect we will provide more resources for those of us who want to go a step further to help our friends and neighbors.