Know Your Rights • UNDOCUMENTED STUDENT PROGRAM

In light of recent events, there is a lot of misinformation about what rights immigrants have in the U.S., which can create a lot of confusion, anxiety, and a sense of instability. If you or someone you care about is an undocumented or under-documented immigrant to the United States, you may be concerned about your / their status or safety. However, it is important to remember that – no matter who is President – every person in the United States has rights to legal due process under the U.S. Constitution. To learn more and to find additional resources, scroll down.

Remember: It is always important to consult with a licensed attorney or accredited representative with experience in immigration to understand what immigration options are available to you. We understand it may be scary to share your personal information, or you may worry that you do not have any options available to you, but a consultation is the best way to make sure that you are making informed decisions about what is best for you and your family.

Only a licensed attorney or accredited representative can provide you with legal advice, and we have included resources on finding an attorney below, including through the East Bay Community Law Center if you are an undocumented UC Berkeley student seeking services for yourself or your family member.

Beyond receiving individual advice in your case, below is some general information about immigrant rights in the U.S. This information should not be construed as legal advice.

Always carry any valid immigration document you have with you.
- For example, if you have a valid work permit or green card, be sure to have it with you in case you need to show it for identification purposes.
Carry a know-your-rights card (and show it if an immigration officer stops you – see below for more information on what to do if you encounter an ICE officer)

Do not carry papers from another country with you, such as a foreign passport. Such papers could be used against you in the deportation process.

Safety Planning: While it can be stressful to think about a worst case scenario, you don’t want to find yourself in a situation or encounter that you are not prepared for. The best thing you can do for yourself and your family is to be prepared with a safety plan for what to do if you or a loved one is detained by immigration officials.
- Memorize the phone number of a friend, family member, or attorney that you can call if you are arrested.
- If you take care of children or other people, make a plan to have them taken care of if you are detained. Speak with an attorney to discuss whether it is appropriate to prepare a “power of attorney” document.
- Keep important documents such as birth certificates and immigration documents in a safe place where a friend or family member can access them if necessary.
- If you have an immigration attorney, make sure your loved ones have the attorney’s contact information and a plan to contact them if you are detained.
- Make sure your loved ones know how to find you if you are detained by ICE. They can use ICE’s online detainee locator to find an adult who is in immigration custody. Or they can call the local ICE office. Make sure they have your alien registration number (or “A” number) written down, if you have one.
- If you have a case in Immigration Court, you can go online or call the Executive Office for Immigration Review (EOIR) hotline number at 1-800-898-7180 (toll-free) 24 hours a day, 7 days a week to get information on your case’s status.

You have the right to remain silent. You may refuse to speak to immigration officers.

Don’t answer any questions. You may also say that you want to remain silent.
Don’t say anything about where you were born or how you entered the U.S.

Carry a know-your-rights card (“red card”) and show it if an immigration officer stops you.

The card explains that you will remain silent and that you wish to speak with an attorney.
Red cards are available at the USP Resource Center, the East Bay Community Law Center office, and printable versions are available online here.

Do not open your door.

To be allowed to enter your home, ICE must have a warrant signed by a judge. A warrant that is signed by ICE but not by a judge does not grant an ICE officer authority to enter your home without your consent. To be valid, the warrant must have your correct name and address on it.
Do not open your door unless an ICE agent shows you a warrant as described above. (They almost never have one). If an ICE agent wants to show you a warrant, they can hold it against a window or slide it under the door.
You do not need to open the door to talk with an ICE agent. Once you open the door, it is much harder to refuse to answer questions.

You have the right to speak to a lawyer.

You can simply say, “I need to speak to my attorney.”
You may have your lawyer with you if ICE or other law enforcement questions you.
You have the right to refuse to show any documents before speaking with a lawyer.

Before you sign anything, talk to a lawyer.

ICE may try to get you to sign away your right to see a lawyer or a judge. That could eliminate your right to speak with a lawyer or have a hearing in front of an immigration judge. This may result in you being deported immediately without a hearing.
Be sure you understand what a document actually says before signing it. Do not rely on ICE’s explanation of what the document says.

If you are worried ICE will arrest you, let the officer know if you have U.S. citizen or legal permanent resident children.

If you are the parent or primary caregiver of a U.S. citizen or permanent resident who is under age 18, ICE may “exercise discretion” and let you go.

ICE and other law enforcement officers may think they can get away with violating your rights.

Sometimes ICE officers lie to people to get them to open their doors or sign away their rights. If ICE detains you or you are concerned that they will conduct raids in your area, initiate your safety plan.

Report and document raids and arrests.

If it is possible and safe for you to do so, take photos and videos of the raid or arrest. Also take notes on what happened.
Call United We Dream’s hotline to report a raid: 1-844-363-1423.
Send text messages to 877877.
In Alameda County, if you see ICE in action, suspect ICE activity in progress, or if you are detained or someone you know is detained by ICE, call ACILEP for rapid response and immigration legal services (510) 241-4011.

If you are a current student at UC Berkeley, please review our eligibility criteria and, if you are eligible, sign up for a consultation with East Bay Community Law Center here.
The East Bay Community Law Center maintains a list of trusted Bay Area Immigration Referrals here.
Non-profit organizations that provide low-cost help nationwide can be found here and here.
The immigration courts have a list of lawyers and organizations that provide free legal services.
You can search for an immigration lawyer using the American Immigration Lawyers Association’s online directory here.
The National Immigration Project of the National Lawyers Guild also has an online find-a-lawyer tool here.

Preparedness

Know your rights if you have an encounter with an ICE officer

Find Legal Help

Additional Resources