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��KNOW YOUR RIGHTS�JANUARY 19, 2017��BIANCA ALCALA-RUIZ - NATIONAL IMMIGRATION LAW CENTER

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��WHAT TO DO IF YOU ARE QUESTIONED BY THE POLICE OR ICE

Everyone who lives in the U.S. has legal rights, regardless of immigration status

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on what to do in a raid or arrest

�Everyone who lives in the U.S. has legal rights. Our legal rights are in the U.S. Constitution, a document that protects us from bad or unfair treatment by law enforcement or the government. To protect yourself, learn about your rights.

Stay calm and think before you talk or act.

There are different rules about your rights, when you are in your home, your car, on the street, near the border, or at an airport. Learn more in the Resources below.

Resources

More information about your legal rights in a raid or arrest:

A card about your legal rights, to carry and use.

A video on your legal rights and what to do if you are stopped by the police, or law enforcement comes to your door.

A flyer on what to do if you get arrested by immigration.

A booklet on what happens and what to do when someone is detained.

The government has a phone number to report problems in detention, such as separation from a small child, bad treatment, serious mental illness or other problems. A person who is detained, or a friend or family member can call: 1-888-351-4024

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��RIGHT TO REMAIN SILENT

You do not have to answer questions about your legal status, where you were born, or how you came to the U.S.
You can tell the officer that you have the "right to remain silent“ or just hand over the card.
In some states, you have to give your name if the officer asks.

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You do NOT have to tell the officer where you were born or what your immigration status is.

You do NOT have to show your papers or any immigration documents to the police. Ask for a lawyer.
If an immigration agent asks for your papers and you have them on you, you must show them. But you should not say anything about your status. Anything you say may be used against you later in court.

Here are some tips if you are questioned about your immigration status:

Stay calm

REMEMBER you have the right to remain silent and don’t have to answer any questions at all

NEVER answer immigration questions that may reveal your immigration status

DO NOT say anything about where you were born or how you entered the U.S.

Hiibel rules:

"Stop and identify" statutes are statute laws in the United States that authorize policeto legally obtain the identification of someone whom they reasonably suspect has committed a crime. If the person is not reasonably suspected of committing a crime, they are not required to provide identification, even in states with stop and identify statutes.

The question whether it is constitutionally permissible for the police to demand that a detainee provide his or her name was considered by the U.S. Supreme Court in Hiibel v. Sixth Judicial District Court of Nevada, 542 U.S. 177 (2004), which held that the name disclosure did not violate the Fourth Amendment prohibition on unreasonable searches and seizures. The Hiibel Court also held that, because Hiibel had no reasonable belief that his name would be used to incriminate him, the name disclosure did not violate the Fifth Amendment right against self-incrimination; however, the Court left open the possibility that Fifth Amendment right might apply in situations where there was a reasonable belief that giving a name could be incriminating.The Court accepted the Nevada supreme court interpretation of the Nevada statute that a detained person could satisfy the Nevada law by simply stating his name. The Court did not rule on whether particular identification cards could be required, though it did mention one state law requiring "credible and reliable" identification had been struck down for vagueness.

States with "stop and identify" laws:

Alabama Ala. Code §15-5-30 Arizona Ari. Rev. Stat. Tit. 13, §2412 (enacted 2005) & Tit. 28, §1595 Arkansas Ark. Code Ann. [1]§ 5-71-213 - Loitering Colorado Colo. Rev. Stat. §16-3-103(1) Delaware Del. Code Ann., Tit. 11, §§1902, 1321(6) Florida Fla. Stat. §901.151 (Stop and Frisk Law); §856.021(2) (loitering and prowling) Georgia Ga. Code Ann. §16-11-36(b) (loitering) Illinois Ill. Comp. Stat., ch. 725, §5/107-14 Indiana Indiana Code §34-28-5-3.5 Kansas Kan. Stat. Ann. §22-2402(1) Louisiana La. Code Crim. Proc. Ann., Art. 215.1(A); La. Rev. Stat. 14:108(B)(1)(c) Missouri (Kansas City Only) Mo. Rev. Stat. §84.710(2) Montana Mont. Code Ann. §46-5-401 Nebraska Neb. Rev. Stat. §29-829 Nevada Nev. Rev. Stat. §171.123 New Hampshire N.H. Rev. Stat. Ann. §594:2, §644:6 New Mexico N.M. Stat. Ann. §30-22-3 New York N.Y. Crim. Proc. Law §140.50 North Dakota N.D. Cent. Code §29-29-21 (PDF) Ohio Ohio Rev. Code §2921.29 (enacted 2006) Rhode Island R.I. Gen. Laws §12-7-1 Utah Utah Code Ann. §77-7-15 Vermont Vt. Stat. Ann., Tit. 24, §1983 Wisconsin Wis. Stat. §968.24

Variations in "stop and identify" laws

Four states’ laws (Arizona, Indiana, Louisiana, and Nevada) explicitly impose an obligation to provide identifying information.

Fifteen states grant police authority to ask questions, with varying wording, but do not explicitly impose an obligation to respond:

In Montana, police "may request" identifying information;

In Ohio, identifying information may be required "when requested"; an obligation exists only when the police suspect a person is committing, has committed, or is about to commit a criminal offense, is witness to a felony offense, or is witness to an attempt or conspiracy to commit a felony offense;

In 12 states (Alabama, Delaware, Illinois, Kansas, Missouri, Nebraska, New Hampshire, New York, North Dakota, Rhode Island, Utah, Wisconsin), police "may demand" identifying information. Of note, though, in New Hampshire for example (RSA 594:2), statutory language authorizing a 'demand' for identity does not establish a legal requirement to provide documentation of identity (ID), or even a requirement to respond in the first place. Further, a law enforcement officer is authorized to make such 'demand' only of individuals for "whom he has reason to suspect is committing, has committed or is about to commit a crime."

Identifying information varies, but typically includes

Name, address, and an explanation of the person’s actions;

In some cases it also includes the person’s intended destination, the person’s date of birth (Indiana and Ohio), or written identification if available (Colorado). Ohio does not require the person's intended destination. Ohio requires only Name, Address, or Date Of Birth. Date of birth is NOT required if the age of the person is an element to the crime (such as underage drinking, curfew violation, etc...) that the person is reasonably suspected of.^[25] Indiana requires either name, address, and date of birth, or driver's license, if on the person's possession, and only applies if the person was stopped for an infraction or ordinance violation.^[26]

Arizona law, apparently written specifically to codify the holding in Hiibel, requires a person’s "true full name".

Nevada law, which requires a person to "identify himself or herself", apparently requires only that the person state his or her name.

Texas law requires a person to provide their name, residence address and date of birth if lawfully arrested and asked by police. (A detained person or witness of a crime is not required to provide any identifying information, however it is a crime for a detained person or witness to give a false name.)

In four states (Arkansas, Florida, Georgia, and Rhode Island), failure to identify oneself is one factor to be considered in a decision to arrest. In all but Rhode Island, the consideration arises in the context of loitering or prowling.

Seven states (Arizona, Florida, Indiana, Louisiana, New Mexico, Ohio, and Vermont) explicitly impose a criminal penalty for noncompliance with the obligation to identify oneself.

Some legal organizations, such as the National Lawyers Guild and the ACLU of Northern California, recommend to either remain silent or to identify oneself whether or not a jurisdiction has a "stop and identify" law:

And in any state, police do not always follow the law, and refusing to give your name may make them suspicious and lead to your arrest, so use your judgment. If you fear that your name may be incriminating, you can claim the right to remain silent, and if you are arrested, this may help you later. Giving a false name could be a crime.

The ACLU of Northern California recommends that a person detained by police should: . . . give your name and the information on your drivers’ license. If you don’t, you may be arrested, even though the arrest may be illegal

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WHAT CAN I DO?

If you are NOT under arrest, you have the right to calmly leave.
Do NOT give false information or lie.

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RIGHT TO AN ATTORNEY

You have the right to talk to a lawyer before you answer questions.
You can tell the officer that you want to talk to your lawyer first or show your know your rights card.

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WHAT CAN I DO?

If ICE comes to your home:

Do NOT open the door.

Through the CLOSED door:

Ask the officer to identify himself.

“Who are you with?” or “What agency are you with?”

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ASK TO SEE A WARRANT

Ask for a warrant. Ask them to slip it under the door.

Look for your name, address, and a signature from a judge.
If the warrant is issued by a court and authorizes a search of your house, you should let the officers in.
If it is issued by ICE, you have the right to NOT let the officers in.

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SAMPLE WARRANTS

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DON’T SIGN DOCUMENTS

You do not have to sign papers that you do not understand. Wait until you talk to a lawyer.
Do not let someone scare you into signing papers.

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DOCUMENTS

If you have valid immigration documents, show them. Always carry these with you.
DO NOT carry papers from another country. (If you have these, they can be used against you in the deportation process)

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IF YOU ARE UNDOCUMENTED

Show your “Know Your Rights” card

Don’t show false documents or lie!

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PREPARE YOUR COMMUNITY FOR A RAID OR ARREST

Know Your Rights!
Create a network of friends, family, neighbors, etc.

Could include text tree, phone tree, noisemakers, banners, videographers, photographers, legal observers, etc.
Phoenix, AZ: “barrio defense committees” created to be ready to protest or take action if ICE showed up

Develop a rapid response team

Including attorneys, communications people, and community leaders. Ex: LA Raids Rapid Response Network

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Puente & Tonatierra is working to develop Barrio Defense Committees (BDC). BDC are organizing strategies adapted from our ancestors and from the Social Movements in Latin America. Our African-American brothers adopted these forms of organizing during the civil rights movement to defeat racist policies and treatment of their communities, which nevertheless continue to exist and harm our communities. The BDCs, the name they arose out of the the political reality that the members found themselves in, are nothing more than grassroots organizations.

BDCs exist to protect our families, friends, and neighbors and to protect our neighborhoods. Our organizing model is based on the nuclear family structure, a key component in keeping the BDC alive. The BDC is structured in neighborhoods, housing projects, schools, churches, at work, sports teams, Universities and in artisit circles to resist and defeat threats from corrupt governments, their politics of terror and the division of our families.

The BDC's purpose is to provide organizing tools to the community that are necessary to develop Leadership through educational programs that promote ESL learning, workshop fo social change through art and cultural awareness, topics such as diversity, our history as a people, know your rights workshops and, overall, to be informed about laws like SB 1070, "Secure Communities" & 287(g) programs and any law that impacts our families. In essence, we seek respect for human rights.

The rapid response legal team should include attorneys who specialize in immigration, criminal, and family law who will gather facts about the raid, help locate and represent individuals whom ICE has detained, and assist with caring for minor children whose parents are detained.

When creating this team, advocates should also establish relationships with other attorneys who have constitutional, criminal, and family law experience — in case ICE violates individuals’ civil liberties during the raids, or the government files criminal charges against detainees, or detainees have minor children.

Advocates should also identify local immigration lawyers who would be available to represent detained individuals.

A well organized team that includes members from the media, the community’s leadership, and attorneys can provide a coordinated response to any immigration raid.

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REPORT RAIDS

If it’s possible, take photos and videos, and also take notes on what happened during the raid.

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RESOURCES/RECURSOS

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