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 in our
area, we strongly recommend
that you have a plan
in place,
if you are at risk for
deportation. You should
decide if you want your
children to stay in
this country, if you
are deported,
and, if
so, 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 recorded
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
another country.
. 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 required
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’Ts
. 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 SERVICECOMMITTEE
Immigrants
Rights Program
Director: Amy
Gottlieb
89 Market
Street
Newark, NJ 07102
(973) 643-1924.
CAMDEN
CENTER FOR LAW AND
SOCIAL JUSTICE
Immigration
Service Office
1845 Haddon
Avenue
Camden, NJ 08103
(856) 342-4160
And
15 North
California Avenue
Atlantic City,
NJ 08401
(609) 348-2111
CATHOLIC
COMMUNITY SERVICES
976 Broad Street
Newark, NJ 07102
(973) 733-3516
CATHOLIC
FAMILY & COMMUNITY
SERVICES
24
DeGrasse Street
Paterson, NJ
07505
(973) 279-7100
EL
CENTRO HISPANO AMERICANO
525 East Front
Street
Plainfield,
NJ 07060
(908) 753-8730
THE
HEBREW IMMIGRANT AID
SOCIETY
333 Seventh Avenue
New York, NY
10001-5004
(212) 613-1420
HUMAN
RIGHTSFIRST
333
7th Avenue, 13th Floor
New York, NY
10001
(212) 845-5200
(212) 629-6170,
Detention
BHANU
B ILINDRA, ESQ.
Pasricha & Patel,
LLC
1794
Oak Treet Rd.
Edison
NJ 08820
(732)
593-6200
INTERNATIONAL
INSTITUTE
880
Bergen Avenue, 5th Floor
Jersey
City, NJ 07306
(201)
653-3888 Ext. 20
LA
CASA DE DON PEDRO
39
Broadway
Newark,
NJ 07104
(973)
481-4713
LA
CASITA IMMIGRATION
LEGAL SERVICES
First
Hispanic Baptist Church
123
Butler St.
Trenton,
NJ 08611
(609)
858-2885
LEGAL
SERVICES OF NEW JERSEY
100
Metroplex Drive
Plainfield
Avenue
Edison,
NJ 08818
Hotline:
1-888-576-5529
LUTHERAN
SOCIAL MINISTRIES
OF NEW JERSEY
189
South Broad Street
Trenton,
NJ 08601
(609)
393-4900
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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