What are an immigrant or undocumented person’s basic rights?
If stopped by any law enforcement official (local police, FBI, immigration authorities…), a non-United States citizen (immigrant, undocumented person) has the right to remain silent, especially in regards to disclosing her immigration status. These persons also have the right to speak to a lawyer before answering any questions or signing any documents. If accused of a crime, a non-US citizen (regardless of immigration status) has the same rights as a US citizen in the criminal context. For example, any person has the right against unreasonable search and seizure. In the immigration context, you have: • The right to an attorney or agency specializing in immigration law • The right to communicate with the Consulate of your country of origin, and • The right to a hearing before an Immigration Judge. (An immigrant could be deported without a hearing if she waives this right or agrees to leave, has criminal convictions, was arrested at the border or has been ordered deported in the past.) N
