Regardless of your race, national origin, or immigration status, you have the right to certain amendments and must know how to use them in your current situation. Knowing these rights will help guide you through your immigration process and protect both your rights and self-assurance.
Here are 3 amendments all immigrants must understand.
With the right to speak your opinions, the First Amendment gives you the freedom to speak and protect for the social chance. This means you have the right to stand up to law enforcement that negatively targets such activities. However, it is best to refrain from such political activities if you are not a citizen as it will turn against you as an easy target and force you to face Homeland Security.
This specific Amendment gives you the right to privacy in your own home as this law prevents the government to have power in entering your private space. However, there are many exceptions and circumstances as new laws have allowed the power for the government to gain surveillance. Out of all the places of where you could interact with law enforcement, the home is the most protected. If a law enforcement officer or agent contacts you, you can give them your attorney’s information and understand their reason for contacting you.
If they have a valid search warrant, be sure to examine the warrant carefully. If you invite the officer into their home, be sure to watch them if they are doing a specific search according to the warrant.
The Fifth Amended gives every individual the right to remain silent and how to answer any questions asked by the law enforcement officer. It is not a crime to refuse to answer their questions as long as you clearly state that you are using your right to remain silent and wish to talk to your lawyer. Be sure to make your request clear.
As a non-citizen, you can still assert your rights and demand them before you sign any documents that may result in being detained for deported. It is important that you have an immigration lawyer on standby just in case you find yourself in this situation. Make sure to carry their contact information with you at all times.
During every step of the process, you have the right to call your lawyer to have them present with you, whether you or your family member is detained. However, you do not have the legal right to demand a government-appointed attorney during a removal proceeding.
There are many ways to find an immigration lawyer that will work with you. You can contact your consulate who will recommend a lawyer or speak to others who have been in your position before.
Remember, you must never present false information and documents especially regarding your immigration status. This will increase your chances of being deported immediately. At the port of entries such as the gate or airports, you cannot be searched, removed or stopped simply based on your race, national origin, sex, religion, or ethnicity.
If you and your loved one are not U.S. citizens, there is a chance of facing deportation. This is true even for those who have green cards or have a permanent residence status. If you are facing such circumstances, it is important to understand the issues and prepare for a better removal defense.
One of the most common reasons of deportation is if you have overstayed your visit. If you arrived with a Visa and stayed longer than permitted, you will face the risk. Another reason is arriving illegally. Staying in the country without a valid visa or involvement in criminal activity will lead you to face arrest by the Immigration and Customers Enforcement, otherwise known as ICE.
If you have not been in any illegal situations, there is no submission to arrest. However, a legal Notice to Appear will be sent through the mail. If your effort to change your legal status was denied, you will also receive the NTA. When appearing in court, you will have the chance to defend your position to the judge. You can prepare your defense on your own. However, an experienced attorney that specializes in immigration will give you a higher chance of success.
If you or a loved one was arrested by the ICE officials, they will determine if the case is a flight risk or threat to society. Otherwise, you will be alerted of when to appear in court to discuss your options. Failing to appear will lead you to receive an order to leave immediately.
When facing the risk of deportation at any level, it is important to ensure that you have the suggested documents. You must be aware of your immigration status, find out your Alien Registration Number, and have a copy of the Notice to Appear (NTA).
If you have no energy to fight your deportation case, the easiest option is to leave the country voluntarily. This will prevent the struggles and you will not be incriminated with the chance to re-enter the United States legally.
Since President Trump came into office, he has made a drastic amount of progress, especially regarding immigration. With his recent executive order, cities all over the nation sparked protests and legal challenges. In fact, four federal judges have made their way to block part of the order to temporarily ensure refugees to not be deported.
Here are five things to know about Trump’s immigration order.
The new order refuses any new refugee for a minimum of 120 days. This means that the total number of refugees to enter the country will be around 50,000 less than the Obama administration. Travelers from Iran, Syria, Iraq, Sudan, Yemen, Somalia, and Libya are barred for ninety days. The White House officials have yet to make clear just how Green Card holders from the seven countries are to be treated by lawyers and law enforcement.
To date, The American Civil Liberties Union was sued over detaining two Iraqi clients at the John F. Kennedy International Airport in New York. Judge Anne Donnelly issued a temporary order that prevents the deportation of nearly two hundred people whom she said would face harm if they returned to their mother country.
In Massachusetts, travelers were not only free from being deported but also release travelers in federal detention. Another federal judge ordered the allowance of consulting volunteer attorneys to consult.
According to White House Officials, the policy is meant to protect the borders and restrict entry to suspects of terrorism. ReincePriebus, the White House chief of staff mentioned that Green Card holders would not be effective but would be subjected to further screening during the process.
President Trump is still continuing to sweep authority in cases of immigration. The Federal law allows the present to suspend parties if he is sure that their entree will be detrimental to the country. However, the Immigration and Naturalization Act states that people should not experience discrimination or preferences due to their race, nationality, gender, birthplace or place of residence.