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KNOW YOUR RIGHTS: Immigration Issues
National Lawyers Guild-Minnesota Chapter (http://www.nlgminnesota.org)
This fact sheet does not constitute legal advice. Immigration law is very complicated and changes frequently. You should always consult with an immigration attorney! Always carry with you the name and phone number of an immigration lawyer who will take your calls. Always talk to an immigration lawyer before leaving the U.S. because even some legal residents and applicants for permanent residence can be barred from returning.
Papers: Carry your immigration papers with you (“green card,” I-94, work authorization)
If the police take your immigration papers – even if they do not arrest you – contact an attorney immediately!
Your Rights if Detained by the INS: If you are detained by the INS (now known as BICE and BICS under the Department of Homeland Security) always demand your rights. Do not sign any papers waiving your rights or the INS could deport you before you see a lawyer or appear before an immigration judge. Never answer questions about your immigration status or questions about your political beliefs, group affiliations, places you have traveled, etc. before talking to a lawyer.
When you are detained by the INS you have the right to call an attorney or your family, and you have the right to be visited by an attorney while you are in detention. You have the right to have an attorney with you at any hearing before an immigration judge. Some local and national contact numbers are listed below. If you a victim of domestic abuse you may have specific rights under immigration law and the Violence Against Women Act. Contact an attorney with a specialty in this area.
When you are arrested or detained the INS must decide in 48 hours whether to put you in immigration proceedings and whether to keep you in custody or to release you on bond. Under new laws, however, the INS has an “additional reasonable period of time” past 48 hours in the event of “an emergency or other extraordinary circumstance” to decide whether to keep you in custody. This new law can lead to indefinite detentions.
Release from Detention: You have the right to ask for release from detention by paying a bond or you can ask for a bond from an immigration judge. You have these rights even if the INS hasn’t charged you. The law does not dictate when an immigration judge can hear your case; if a judge believes you are a danger to society or might flee, the judge may order you to stay in detention. You cannot be released if you are charged with terrorism or have certain criminal convictions. You can work so long as you are a lawful permanent resident or have work authorization.
Deportation: You have a right to hearing before deportation unless you waive these rights (remember, don’t sign anything before talking to a lawyer!) or elect voluntary departure. If this happens you may never be able to enter the U.S. again legally or get legal immigration status. Talk to an attorney about your rights in deportation proceedings.
Arrests: The INS can arrest you without a warrant if it has reason to believe you are in the U.S. in violation of immigration law or may escape before a warrant can be issued.
If you are arrested by the police you have the right to call your consulate or have the police inform the consulate of your arrest. The police must allow the consul to visit or speak with you; you also have the right to refuse help from your consulate.
If the police arrest you the same rights apply to you as U.S. citizens. However, if you are charged with a crime it is very important that your public defender or defense attorney knows your immigration status. You can be removed or deported for certain crimes such as felonies (particularly drug-related felonies or aggravated felonies) or “crimes of moral turpitude” such as fraud, theft, drunk driving, assault with a weapon. Your defense attorney will need to take special measures when negotiating and arguing your case.
Immigration Contacts:
National Lawyers Guild National Immigration Project
Help finding local lawyers
(617) 227-9727
Local NLG Immigration Attorneys
Susana De Leone (Spanish speaking) and Bruce Nestor
(612) 659-9019
American Arab Anti-Discrimination Committee
Has local representatives
(202) 244-2990
American Immigration Lawyers Association
Help finding local lawyers
(800) 954-0254
Minnesota Advocates for Human Rights
Asylum and Refugee Project (Minneapolis)
(612) 341-9845
Immigrant Law Center – Oficina Legal (St. Paul)
(800) 223-1368
Centro Legal (St. Paul)
(651) 642-1890
Battered Women’s Legal Advocacy Project
Resources for immigrant women experiencing domestic abuse
(612) 343-9842
(800) 313-2666 |
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