It is important to become familiar with your legal rights and responsibilities in the U.S. since norms can vary between cultures. Furthermore, all
persons in the United States, including foreign nationals, have certain basic rights that must be respected by authorities, including the Department
of Homeland Security (DHS), the Federal Bureau of Investigation (FBI) and local police.
Even innocent violations of the law could have serious consequences for your immigration status. Get to know the basic laws governing intellectual
property and plagiarism, copyright infringement, the consumption of alcoholic beverages, drug use, sexual harassment, and domestic disputes.
Included in these rights is:
Your Right to Refuse Entry Into Your Home
You have a right to deny entry into your home without a valid warrant. This warrant must be signed by a judge. You can refuse to open the
door, or can close the door after discovering that the agent or police does not have a valid warrant. You also have a right to refuse to speak
with, answer questions from, or refuse to show any documents to the agents unless the agents have a warrant listing all the documents that
should be shown. If agents enter your home by force, or without a search warrant, you should contact an attorney immediately.
Your Right to Remain Silent
All foreign nationals are required to carry proof of their status upon them at all times. If you are a permanent resident, this may be shown
by your alien registration receipt card (commonly known as a "green card"), or your passport may also indicate your legal status. If you are a
non‐immigrant alien, you have an arrival‐departure card (I‐94 card), a notation in your passport, and/or other proof of your status from U.S.
Immigration.
If you are stopped or detained on the street, and either do not have your documents on you, or are an undocumented alien, you have the
right to remain silent about your immigration status. There is no need to show any document.
Your Rights if You are Arrested
Generally, state and local police officers do not have the power to arrest you for violating immigration laws. The enforcement of
immigration laws is generally left to U.S. Immigration. However, some state laws grant local police the authority to arrest persons who
violate federal criminal laws, including criminal immigration statutes. In addition, a 1986 federal statute includes a requirement that state
law enforcement officials notify U.S. Immigration when they arrest any individual suspected of being an undocumented alien on drug
charges.
A U.S. Immigration officer is allowed to arrest you without a warrant if he believes that you are in the United States illegally and has reason
to believe that you are likely to escape before a warrant can be obtained for your arrest. If you are arrested without a warrant, they must
give you a form informing you of your rights. The form must note that you are allowed to speak with an attorney or other representative.
They must give you a list of attorneys who will provide you with free legal services in the event that you cannot afford to pay for the services of
a private attorney. If you ask to speak to an attorney, they must give you access to a telephone and at least two hours to try to
call an attorney. During that time, they may not interrogate you, other than to obtain basic biographical information.
Your Right to Refuse to Sign Any Document
You have the right to refuse to sign your name on any immigration document or to request to speak to an attorney before signing such
documents. By signing a document given to you by an INS agent, you may be giving up certain rights, or agreeing to return to your country.
Your Rights at the Workplace
For U.S. Immigration agents to enter a workplace, the agents must have a valid search or arrest warrant, or have the employer's permission
to enter. If the agents enter by force and arrest you, you should remain silent and demand the right to speak to an attorney. Remember:
any information that is given to the agents before speaking to an attorney may endanger your case.
Other Rights at the Workplace
All workers, regardless of their legal status, must receive at least the minimum wage for full‐time work. If you work more than 40 hours a
week in certain jobs, the employer should pay you one and one‐half times the regular hourly rate.
All workers are entitled by law to work in a place free from hazards likely to cause serious harm or death. Employers must provide safety
equipment and remove hazardous materials from the workplace.
Your Right to Send Your Children to Public Schools
All children deserve an education. A U.S. court case in Texas upheld the obligation of public schools to admit all children, regardless of their
immigration status. Public schools should not ask for your or your children's immigration status, and generally do not ask.
Your Right to Medical Treatment
Publicly funded hospitals are required to provide emergency medical services regardless of the patient's immigration status. Eligibility for
health benefits is complicated, and you should seek advice from a community agency or attorney. Even if you are not eligible for certain
medical benefits, you may be able to apply for benefits on behalf of your children, if they were born in the United States.
The content on this page was adapted from written work by Hilary T. Fraser. Ms. Fraser practices immigration law at True, Walsh & Miller, 101
North Tioga Street, Ithaca, NY 14850, 607.273.4200.
