Protect Your Rights 
DOs
and DON’Ts
Immigrants are entitled to many of the same constitutional rights as are citizens of the United States. To protect your rights follow
these recommendations on how to act, if questioned or detained by immigration, or other law enforcement authorities. Because of the
increase in the level of immigration law enforcement, we strongly recommend that you have a plan in place, if you are at risk for
deportation. Prepare legal documents to assign the custody of your children and give a power of attorney to handle your financial
affairs to persons you trust.
DOs
. To check if you are at risk of deportation call 800-898-7180 (touch 2 for instructions in Spanish) and enter your alien
number to hear a recorde message on your status. Seek legal advice if you have an outstanding order of deportation.
. If you have it, carry some legal form of identification issued in the U.S. (driver’s license, green card, employer or school ID,
tax payer ID). Do not carry ID from your country unless you need it for a specific reason.
. Carry a card with the name, address and phone number of an immigration attorney, minister, or community organization that
can advise you in case of detention. If you are detained, you have the right to make a phone call.
. Ask for, and write down, the names of any law enforcement agents who enter your house, with or without a warrant, or who
may stop you on the street, as well as the department or agency to which they belong. Get names and phone numbers of
any witnesses. If you think your rights have been violated, report, or ask a witness to report, the incident to an attorney or
community organization, like LALDEF, as soon as possible.
. If you are stopped on the street for no reason by law enforcement agents, you are not obligated to show identification, but
you should provide your real name if questioned, unless you have reason to believe it might incriminate you. If so, you may
chose to exercise you right to remain silent and respond only by saying you wish to speak with an attorney. If you are driving
a car, you are requi red to have in your possession a valid driver’s license issued in the state where you reside, a card from
the insurance company, and the vehicle registration card, and you must show this documentation to law enforcement agents,
if asked. But you do not have to answer any questions, such as what is your nationality, address, place of work,
or whether you are in this country legally or have a green card. You are also under no obligation to provide
information on the whereabouts of another person. Don't be intimidated. If you have not done anything
wrong, ask
permission to leave, and walk or drive away.
. If you are told you are under arrest, ask where you are being taken and give the information to any relatives or friends
who might be present. If you have children, ask to be allowed to make arrangements to have someone take care of them.
. Ask a relative or friend who is a citizen or legal resident to keep copies of any documents you may have received from,
or filed with, immigration authorities, your passport, and the name and phone number of the immigration attorney who is
helping you. Tell other
family members or friends where these documents are kept. If you have a pending case with immigration,
it is important to know what is the alien number you have been assigned (your “A” number). If you are detained this will
facilitate getting assistance to you quickly.
DON’T
. DON’T ignore any documents you receive in the mail from the immigration department. Show them to your attorney, or go to
a legal services agency for advice as soon as possible.
. DON’T let immigration agents or officers from any other law enforcement agency, enter your home without a search
or arrest warrant. A warrant is a document signed by a judge that allows the arrest of specific person(s), or the search of specific
premises. You should ask the person(s) named in the warrant to exit the house and give themselves up, but you don’t have to
allow the officers inside the house. Once you do, they may question everyone inside and search for documents to prove you are
in the country illegally. You can ask the officers to leave if the person(s) named in the warrant are not in the house. Opening the
door without a clear agreement that the officers will not go inside, can be taken as giving consent to their entering. You can speak
with them through a closed door or window.
. DON’T offer any physical resistance if you are arrested, or if law-enforcement agents enter your home, even without a warrant
. DON’T carry or present false documentation. Never give a false name, or lie, as you would be breaking the law.
. DON’T sign any documents you don't understand without the advice of an attorney. You might be told that you should sign a
"Stipulated Request for Removal and Waiver of Hearing". This will expedite your deportation without a hearing in front of a judge.
Don’t be intimidated by threats of long incarceration, or high bail. If you do not have a prior order of deportation, you have the right
to a hearing in front of a judge, to request to be released, with or without bail, and to hire an attorney to argue your case. If you
had previously received a deportation order, you no longer have the right to a hearing. However, if you think your circumstances
warrant it, you can ask for time to look for an attorney to petition to have your deportation stopped. Keep in mind that immigration
agents are under no obligation to inform you of your rights.
These general recommendations are not a substitute for legal advice
for your particular case which only a licensed attorney can provide.
COMMUNITY AGENCIES THAT PROVIDE REPRESENTATION AND ADVICE ON IMMIGRATION MATTERS
AMERICAN FRIENDS SERVICE COMMITTEE
Immigrants Rights Program
Director: Amy Gottlieb
89 Market Street, 6th Floor
Newark, NJ 07102
(973) 643-1924.
CAMDEN CENTER FOR LAW AND SOCIAL JUSTICE, INC.
Immigration Service Office
1845 Haddon Avenue
Camden, NJ 08103
(856) 3424160
and
15 North California Avenue
Atlantic City, NJ 08401
(609) 3482111
CATHOLIC COMMUNITY SERVICES
976 Broad Street
Newark, NJ 07102
(973) 733-351
C A T H O L I C F AM I L Y & C O M M U N I T Y SERVICES
24 DeGrasse Street
Paterson, NJ 07505
(973) 2797100
EL CENTRO HISPANO AMERICANO
(Formerly the Center for Central American Refugees)
525 East Front Street
Plainfield, NJ 07060
(908) 7538730
INTERNATIONAL INSTITUTE
1 Journal Sq. 4th floor
Jersey City, NJ 07306
(201) 6533888 Ext. 20
LA CASA DE DON PEDRO
39 Broadway
Newark, NJ 07104
(973) 481-4713
LA CASIT A LEGAL SERVICES
First Hispanic Baptist Church of Trenton
123 Butler Street
Trenton, NJ 08611
(609) 8582885
LUTHERAN SOCIAL MINISTRIES OF NEW JERSEY
189 South Broad Street
Trenton, NJ 08601
(609) 3934900
LEGAL SERVICES OF NEW JERSEY
100 Metroplex Drive
Plainfield Avenue
Edison, NJ 08818
(732) 5729100, ext. 231
Hotline: 1888-5765529
THE HEBREW IMMIGRANT AID SOCIETY
333 Seventh Avenue
New York, NY 100015004
(212) 613-1420
PREPARED
BY
The Latin
American Legal Defense
and Education Fund
(LALDEF)
PO
BOX 80, PRINCETON
NJ 08542 INFO@LALDEF.ORG
Call
toll-free: 1-877-4LALDEF
(1-877-452-5333)
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