Know Your Rights

Massachusetts Immigrant and Refugee Advocacy Coalition

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About MIRA:

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Programs:

• Advocacy and organizing
• Citizenship application assistance
• Civic engagement

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Our vision is a Commonwealth – and a nation – where all can thrive, no matter where they came from or how they got here, and all can fully participate in their community’s social, economic, and civic life.

Quick Overview of Immigration Enforcement

The Immigration System: �Department of Homeland Security

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Immigration & Customs Enforcement

Customs & Border Protection

U.S. Citizenship & Immigration Services

How People May Come into Contact with Immigration Enforcement

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• Contact with the criminal system
• Applying for a benefit at USCIS, while having a removal order or criminal charge
• Green card holders returning from travel
• Raids & targeted enforcement
• Other limited circumstances

Reasons for Deportation

Sometimes, relatively minor and non-violent offenses can lead to mandatory deportation even for green card holders!

Who is at Risk of Deportation?

• Anyone who is not a U.S. citizen can be vulnerable if they fall under a ground of deportation such as criminal charges or a prior order of deportation.
• Unauthorized / Undocumented immigrants
• People with asylum or refugee status or some other form of protection
• Lawful permanent residents (green card holders)
• Non-immigrants (visitors, students, etc.)

Expansion of Expedited Removal

The Trump administration has announced that it will move to quickly deport individuals who are out of status and have been in the US for less than 2 years without the giving them the opportunity to go in front of an immigration judge unless they pass an initial asylum screening.

What to know if immigration tries to detain you:

• If you've been in the US more than 2 years, carry proof of that- such as proof of residence, or school/work/medical records.
• If you've been in the US for less than 2 years but are already in deportation proceedings, have valid parole status, or have an application pending, carry evidence of that.
• If you have a pending immigration court case- check on the status every day to check for any changes. Contact your lawyer or seek legal services if you see any changes.

Advocates are already pushing back on this broad application of the expedited removal process!

Registration Rule Now in Effect

• Many noncitizens are already considered registered, including:
• those who have a green card
• entered with a visa or parole (even if now expired)
• have a work permit
• in immigration court proceedings
• The rule requires individuals who are not considered registered to complete a registration form (Form 325-R) through their USCIS account and then attend a fingerprinting appointment. This may include individuals who have not had contact with immigration and those who have applied for status but have not yet been fingerprinted.
• Here’s what you need to know:
• If you register, you may also increase your risk of being identified for deportation and may face criminal charges for entering the US unlawfully.
• If you do not register or carry proof of registration, you may be at risk for being charged with a crime.

You should consult with a lawyer to better understand the risk in your individual situation!

Know Your Rights

in Interactions with Immigration Enforcement

Basic Rights

• Everyone living in the U.S. has certain basic rights under the U.S. Constitution, regardless of immigration status

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• It is important to assert these rights and protect our basic rights

Rights Card

https://www.ilrc.org/red-cards

Multilingual Infographic for Using Rights Card

• Asserting the right to remain silent can be difficult.
• It’s helpful for people to have a rights card in their wallets that they can pull out and give to immigration agents or police.

If Immigration Comes to Your Home...

Do not immediately open the door:

• Legally, you do not need to open the door unless the officer provides you with a warrant signed by a judge.
• Ask officers to identify themselves (agency, name, ID)
• Ask if they have a warrant signed by a judge
• Slide a “Know Your Rights” card under the door
• You have the right to remain silent and to an attorney. If you choose to invoke that, state to officers “I request my right to silence and to an attorney.”
• Call a US citizen friend or family or an attorney

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When can Law Enforcement enter my home?

Judicial Warrant

Warrants

Example of immigration warrant: does not give

Example of warrant signed by a judge immigration permission to enter the home

Driver’s Licenses

YOU MUST: drive only on a full driver’s license, not a permit

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TO DRIVE on a permit, you must have someone in the car who has:

1. Been driving for 1 year

2) Over the age of 21

3) Sitting next to the driver

If You Are Stopped When Driving…

If you live in Massachusetts you are eligible to get a driver’s license regardless of immigration status!

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• Stay in the car. Place your hands on the steering wheel so the officer can see them.
• You do not need to answer any questions but driver must provide name and address. Show your KYR card.
• Police can search your car if they have probable cause to believe you have been involved in a crime
• STATE CLEARLY THAT YOU DO NOT CONSENT TO THE SEARCH

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• Do not provide false documents

www.miracoalition.org

12/4/20

Note that different rules apply at immigration checkpoints and at ports of entry

If Immigration or Police Stops You in Public…

• Stay calm - Do not run or resist arrest!
• Ask if you are under arrest or free to leave.
• Remain silent and say you want to speak to an attorney.
• You have the right not to be fingerprinted unless you’re being arrested.
• Police can search you if they have a reasonable suspicion that you are armed and dangerous.
• If you have valid immigration documents and are over the age of 18, the law requires you to carry those documents on you. 
• You have the right to an attorney. Ask to call a lawyer.

Never provide false documents!

How to Be Prepared

• Know your rights in case an officer asks you questions or comes to your home.
• Memorize phone numbers for your family members and/or an attorney/organization that you trust. You might only be able to make one phone call while detained!
• Think of a U.S. citizen or someone with immigration status that you trust who can pay bond if you are granted one by an immigration judge.

Arrest and Detention

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www.miracoalition.org

12/8/20

• If you are arrested or detained, DO NOT:
• Sign anything or take “voluntary departure” without the guidance of a lawyer
• Rely on immigration agents to provide you with information about your rights; ask a lawyer for facts.
• You have a right to:
• Remain silent.
• Call a lawyer or family member
• Be visited in detention by a lawyer
• Contact your consulate

You can use the online detainee locator to find someone who has been detained by immigration

Release on Bond

• Immigration enforcement can choose to place individuals it is trying to deport in immigration detention
• If detained, many individuals are able to request release on bond while their case is pending.
• You can request the immigration judge to review the bond decision
• It helps to show strong family and community ties
• Only someone who is a US citizen or has lawful immigration status should go to immigration to pay the bond

Know Your Rights: Family Preparedness

Parental Rights

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www.miracoalition.org

12/8/20

• You have the right to make decisions about your children regardless of immigration status
• You do not have to provide information about your children, but you may want to tell immigration if you are the primary caretaker.
• You have the right to make arrangements for child’s care
• You can ask for a phone call at the time of apprehension and you can ask how you will be able to contact your children
• If your children are in the foster care system, you have the right to participate in child welfare proceedings from detention and after deportation unless you have had parental rights terminated
• Detention and deportation do not constitute abandonment

Family Preparedness

Massachusetts Family Preparedness Packet

Boston Medical Center Family Preparedness Plan

Family Preparedness in Other States

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Family Preparedness

• What is a Family Preparedness Plan?
• A tool that can help you make informed decisions about how to take care of your family
• Safety plan that offers parents and caregivers facing the threat of detention or deportation the opportunity to make decisions about:
• Who will care for your children in your absence
• Plans for meeting child’s educational, medical, and emotional needs in your absence
• Plans for reunification

Making a Plan

Update school contacts: make sure you have the correct contact information for a few people you trust to pick your child up from school in case you cannot.  Tell the school you want to “opt-out” in any directory information the school puts out to protect your information.

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Register your child’s birth with your foreign consulate: if your child wants to travel or move to your home country, it could be easier if their birth is already registered with the consulate.

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Apply for passports for your child: most governments require that both parents give permission for their child to get a passport. If you have sole legal custody or a specific court order you do not need the other parent’s permission.

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Write a travel letter: if your child needs to travel outside the U.S., they may need a notarized letter that gives them permission to travel with a trusted adult. You may want to contact an airline or your consulate to get exact instructions.

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Important Documents

• It is very important to save all immigration documents and make sure that no page is lost.
• Many documents have the immigration identity number (begins with the letter A and has 8 or 9 digits)
• Some documents have dates for hearings or other immigration appointments - these dates are very important!

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Access to benefits and public charge

Key Takeaways

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• Immigrant parents can always apply for US citizen children - even if parent is not eligible!
• Parents do not need SSN or proof of immigration status to apply for children, but parent must still verify their income.
• You don’t need to be a US citizen to get benefits
• Under the current rule, there are no immigration consequences to applying for or receiving benefits other than cash assistance for income maintenance and long-term nursing home care
• State benefits agencies and healthcare providers in Massachusetts do not report immigrants to ICE

Public Charge Rule

Many immigrants are NOT subject to public charge.

Immigrants applying for a green card (lawful permanent residence) or a visa

to enter the United States.

APPLIES TO:

DOES NOT APPLY TO:

• U.S. Citizens
• Citizenship applicants
• Green card renewals
• Removal of conditions
• Refugees/Asylees
• VAWA

• T/U visas
• Special Immigrant Juveniles
• DACA applications or renewals
• TPS applications or renewals
• Humanitarian parole

Benefits & Public Charge

Most people who face the public charge test are not eligible for the benefits in the test.

Only two types of benefits are considered under the current rule:

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• Cash assistance for income maintenance

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• Institutionalization for long-term care at government expense

Most benefits are NOT considered under the current rule

Health Care Programs, like MassHealth and Community Clinics

Food programs, like SNAP, WIC, and School Lunches

Rental Assistance, like Section 8, RAFT, EA shelter, and Public Housing

Cash benefits from work, like Unemployment, Social Security, and Pensions

State-based, non-cash programs

“Safe Benefits” List for Massachusetts: https://miracoalition.org/wp-content/uploads/2022/10/Massachusetts-Safe-to-Use-Benefits-October-2022.pdf

Could the rule change?

• The current rule was put into our federal regulations and has survived court challenges

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• The Trump administration could try to reinstate the old rule but:
• Even the old rule applied to a small number of people
• No changes would take effect immediately
• Any changes would be challenged by immigrant rights advocates

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Know Your Rights: Where to get Legal Help

What should I do if I have been the victim of fraud?

You can make a report! This might help protect others and may also help address your situation. You can make reports to:

• The Massachusetts Attorney General’s Office: (617) 963-2917 or https://www.eform.ago.state.ma.us/ago_eforms/forms/piac_ecomplaint.action
• The Massachusetts Board of Bar Overseers: https://www.massbbo.org/s/complaints
• The immigration court Fraud and Abuse Prevention Program (if you are already in immigration court): (703) 305-0470 or EOIR.Fraud.Program@usdoj.gov

Immigration Legal Resources

• Legal Services Directory in Massachusetts:
• Massachusetts Legal Resource Finder: https://masslrf.org/en/home
• Immigration court list of legal services: https://www.justice.gov/eoir/file/ProBonoMA/download
• City of Boston free consultations: https://masslrf.org/en/programs/view/boston_immig_clinic
• Legal Services Directory Outside of Massachusetts:
• Immigration Advocates Network Legal Directory: https://www.immigrationadvocates.org/legaldirectory/

More Resources