Know Your Rights

Know Your Rights: Immigrant Rights

In this moment it is especially important that immigrant communities are informed about our rights and how to defend them. You can join a community organization where you live, and if you haven’t signed up to receive updates and get involved with the National Domestic Workers Alliance, you can sign up here.

Click on a topic to learn more about your rights as an immigrant:

• How do I create a family preparedness plan?

• How to prepare in case of an immigration raid or arrest

• How do I get legal help for my immigration case?

• Immigration Eligibility Issues: Key Factors That Can Affect Your Application

How do I create a family preparedness plan?

If you are a parent you can create an emergency plan to protect your children in case of a detention or deportation.

• Decide who will take care of your children if you are unable to. Memorize this person’s phone number.
• Talk with your children about who will care for them in case of an emergency and who is allowed to pick them up from school.
• Keep all documents for yourself and your children in a safe place, along with a list of important information about your children (allergies, medical conditions) and important contacts (school, doctors, an attorney).
• Inform your children’s school who is authorized to pick them up from school in your place.
• Get a passport for your children. In some consulates you can register the birth of any children born in the US in case you need to return with them to your birth country.

You can also fill out and sign a power of attorney. This is a document that you use to authorize someone trusted to make financial, legal and childcare related decisions in your absence. It is a temporary authorization and does not require you to give up your parental rights. An attorney or legal services organization can advise you on how to create one.

Many banks, credit unions, shipping stores (United States Post Office, UPS, FedEx etc.), local government offices, law firms, tax preparer or accountant offices, auto tag and license service centers, and public libraries may offer notary services.

This guide on creating a Family Preparedness Plan from the Immigrant Legal Resource Center, has examples of relevant documents.

Learn more about your immigrant rights.
Read about your labor rights as a domestic worker.

How to prepare in case of an immigration raid or arrest

Everyone in the U.S. has rights, no matter where they are from or their immigration status. These rights are in the U.S. Constitution, which helps protect us from unfair treatment by the police or government. It’s important to know your rights, like the right to stay quiet, the right to talk to a lawyer, and what to do if the police or immigration agents come to your home or stop you on the street.

In case of an immigration raid, detention or attempted arrest:

• Remain calm and think before you talk or act.
• 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, “I have the right to remain silent.”
• You can ask to talk to a lawyer before you answer any questions. You can tell the officer, “I want to speak to a lawyer first.”
  
• You can refuse to let them search you or your home. If they come to your house, they need a “warrant,” which is a paper signed by a judge. Do not open your door. You can ask to see the warrant through your peephole or under the door. You do not have to let them in.

  What does a legal warrant look like?

  

  Know what a legal warrant looks like. The top image shows a legal judicial warrant with the information required for a legal search.

  The bottom image is an immigration order, which ICE often tries to use, but if you know your rights, you know that this type of warrant does not have enough information for a legal search.

  waisn.org

• Do not sign anything you don’t understand. Wait until you talk to a lawyer. Don’t let anyone make you sign papers out of fear.

To be prepared for a raid or arrest:

• Know your rights: You have the right to stay quiet, to ask for a lawyer, and to ask to see a warrant.
• Carry a Know-Your-Rights card with you. This card can help you show the police or immigration officers that you know your rights.
• Make an emergency plan for your family: Know important phone numbers (like a lawyer or emergency contact), make sure there is someone to take care of your children if you are taken, and keep important papers in a safe place at home.
• Keep your ID safe: Know which identification papers you should carry. Don’t carry fake IDs or documents from other countries, because that could make things worse.
• Make sure your family can find you if you are taken. They can use the ICE detainee locator to find where you are. It helps if they know your A-number (if you have one).

For more information about your rights and what might happen in an immigration raid, arrest, or detention, you can check out the Immigrant Defense Project‘s resources.

Learn more about your immigrant rights.
Read about your labor rights as a domestic worker.

How do I get legal help for my immigration case?

You can get legal help for your case from a nonprofit organization or a private immigration lawyer. Nonprofits have lawyers and/or specialized staff called BIA reps who can help with immigration cases.

BIA representatives are trained and accredited professionals who are not attorneys but have been approved by the Department of Justice to provide immigration legal services based on their education and experience in immigration law. BIA reps must work for a non-profit organization providing immigration legal services to low-income clients.

Help from a nonprofit is free or low-cost for low-income people. If you use a private lawyer, you will have to pay the lawyer’s fee. To find a nonprofit near you, go to the Legal Help page on this site.

If you want a private lawyer who knows about immigration law go to the American Immigration Lawyers Association’s website.

Only lawyers and BIA accredited representatives (BIA reps) are qualified to give immigration legal advice. Notarios and “immigration consultants” are not qualified to give legal advice.  Notarios and bad lawyers can damage an immigration case and charge a lot of money for bad service or no service at all. Avoid fraud or bad legal service by finding out more about the person who will work on your case. 

• If a lawyer will help you, check the government list of lawyers who are being disciplined. Or you can ask where the lawyer is licensed to practice. Each state has a “bar association” that keeps a record of the lawyers and reports problems on the state bar website.
• If a BIA rep will help you, then go to the government list to check the person’s qualifications.

If a lawyer or BIA accredited representative (BIA rep) can take your case, s/he will ask you to sign an agreement that shows you will work together. Before you sign, ask for:

• A written estimate of the legal fees;
• A list of services s/he will provide for that fee;
• A list of things you need to do to help with your case; and
• An estimate of how long your case will take. 

Keep a copy of the documents you give the lawyer or BIA rep; and get a copy of the applications or other documents they file for you. Tell your lawyer or BIA rep if you change your address or phone number.

Learn more about your immigrant rights.
Read about your labor rights as a domestic worker.

Immigration Eligibility Issues: Key Factors That Can Affect Your Application

These are some of the factors that can affect your eligibility in the immigration process:

• Missing immigration court hearings;
• Showing fake documents to immigration or using someone else’s documents;
• Claiming to be a U.S. citizen or voting in the U.S.;
• Lies or bad information on an immigration application;
• Certain criminal convictions or actions;
• Coming back to the U.S. after being ordered to leave;
• Coming back to the U.S. after living here without permission;
• Travel outside the U.S. at the wrong time, for too long, or for the wrong reason;
• Helping someone sneak into the U.S.

A lawyer can help you understand if these problems affect your case or if there is a way to fix a problem. Go to How do I get legal help for my immigration case? to learn how to work with a lawyer or BIA rep, and avoid notarios and immigration consultants.

Go to How to prepare in case of an immigration raid or arrest to learn more about your rights and how to avoid immigration problems.

Learn more about your immigrant rights.
Read about your labor rights as a domestic worker.

Know Your Rights: Domestic Worker Labor Rights

The federal government and the states have laws to protect domestic workers. These laws protect against unfair, dangerous, or illegal working conditions. Workers can take steps to understand the laws and protect themselves.

Click on a topic to learn more about your rights as a domestic worker:

• How can I protect my labor rights as a domestic worker?

• How do labor laws protect me as a domestic worker?

• What if my employer calls or threatens to call immigration?

How can I protect my labor rights as a domestic worker?

• Have a written agreement about your job that explains the hours, duties, pay, time-off, and and other details about your work agreement. For an example agreement, go to our page on Fair Contracts for Domestic Work.
• Keep a written record of your hours, the kind of work that you do, and how much you are paid.  A record can help if you have a disagreement about your hours and pay.
• If you are a home care worker, there are rules about pay that depend on your hours and the kind of work you do.
• Write down problems or abuses when they happen. Sometimes written records can help you prove your case.

Learn more about your domestic worker labor rights.
Read about your rights as an immigrant.

How do labor laws protect me as a domestic worker?

• Most workers have a right to the minimum wage. The federal minimum wage is $7.25 an hour, but your state might have a higher minimum wage. Click here for a map of state minimum wages. 
• Most workers also have a right to overtime pay. Overtime pay is usually 1.5 times your regular hourly wage when you work more than 40 hours in a week.
• Employers must follow rules on how much money they can take out of your pay for meals and housing, how you should be paid for sleep time, and more.
• Some states have passed laws that especially protect domestic workers. See a list of states where domestic workers have protected rights to find out if your state has special protections.
• There are rules to protect domestic workers who have employment visas. Click here to learn more.
• Sometimes an employer or boss who is treating the workers badly is also breaking the law. Click here to learn about possible immigration protections for workers who report unlawful activity.
• An employer cannot exploit a worker by forcing them to work without pay, treating them unfairly or abusing them, or coercing them into sex work. If you or someone you know is experiencing this, please reach out to the National Human Trafficking Hotline at 1-888-373-7888 for assistance. A confidential counselor is available to answer your questions and provide support. Your safety and privacy are a priority.

Learn more about your rights as a domestic worker, and join together with other domestic workers fighting for rights, dignity, and respect, with the National Domestic Workers Alliance.

Learn more about your domestic worker labor rights.
Read about your rights as an immigrant.

What if my employer calls or threatens to call immigration?

• Workers have rights against employers who retaliate or punish them for fighting or speaking up about their worker rights. You may have protection if your employer threatens to call immigration because you are fighting for your worker rights. Check with an immigration lawyer or BIA accredited rep to find out if you have the right kind of case.
• If your employer is committing a crime, and you are the victim, you might qualify for a visa to stay in the U.S. Click here to learn more about visas for people who are victims of crimes at work.
• Know your rights if ICE, your employer, or others ask you questions about immigration. Click here to learn what to do in a raid or arrest.

Learn more about your domestic worker labor rights.
Read about your rights as an immigrant.

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