Immigration Rights and Resources

If you or a loved one encounters immigration enforcement officials, it is essential that you know your rights and have prepared your household for all possible outcomes.

Know Your Rights

Ask for a warrant: The Fourth Amendment of the Constitution protects everyone from unreasonable search and seizure. ICE needs a valid warrant signed by a judge to enter your home or search your belongings. You do not have to open the door until you see one. If they are in your home without a warrant, you can ask them to leave and tell them that you do not consent to a search of your home.

Your right to remain silent: If you are not free to walk away from ICE agents, the Fifth Amendment protects your right to remain silent and not incriminate yourself. You are not required to share any personal information such as your place of birth, immigration status or criminal history when asked, but you cannot lie or share any false documentation.

Always consult an attorney: You do not have to sign anything or hand officials any documents without first speaking to an attorney.

Recording and documenting police and federal agents: The First Amendment protects your right to record and document law enforcement and federal agents performing their duties in public – including ICE agents, police, FBI, National Guard troops, and any other government officials. If you're not under arrest, a law enforcement officer needs a warrant to confiscate your device or to view its contents without your consent. If you are arrested, an officer may take your phone but still needs a warrant to search its contents. The government may never delete your photographs or videos under any circumstances.

• ACLU - Know Your Rights
• ABLE - Preparing Your Family for Immigration Enforcement: Informational Packets (Multiple Languages)
• ACLU of Ohio Resource Page
• Conozca sus derechos: Órdenes Judiciales

Make a Plan for ICE Encounters

In the event that you encounter immigration officials, make a plan with your family or household in advance and create an emergency caretaking plan for any dependents.

Make sure to have copies of your important identification documents on you and store the originals in a safe place and ensure your family knows where they are and have access to them.

Write down and memorize emergency contact information, such as that of your family members or a lawyer, and ensure everyone within your household does the same.

Memorize your immigration number (A-Number or Alien Registration Number) and share it with your family. If you are detained, this will help your loved ones find you.

Familiarize yourself with local officials and keep a signed DHS Privacy Waiver, which will authorize any officials to advocate on your behalf without putting you at risk.

If you are denied release after being arrested for an immigration violation, ask for a bond hearing before an immigration judge.

If You Believe Your Rights Were Violated

Write down everything you remember, including badge numbers and patrol car numbers, what agency the officers were from and contact information for witnesses.

If you’re injured, seek medical attention immediately and document your injuries.

File a written complaint with the agency’s internal affairs division or civilian complaint board. 

Report an Incident

• Ohio Immigrant Alliance
• Ohio Immigrant Hotline
  • (419) 777-HELP (4357)
  • hotline@ohioimmigrant.org 

Low-Cost or Free Legal Resources

The Immigration Advocates Network maintains a directory of national immigration legal services across Ohio.

• National Legal Assistance
  • National Lawyers Guild - (404) 458-9449
• Ohio Legal Assistance
  • CAIR-Ohio - (614) 451-3232
  • CRIS (Community Refugee & Immigration Service)
  • Moritz College of Law Immigration Clinic
  • Legal Aid Society of Cleveland (Serves Ashtabula, Cuyahoga, Geauga, Lake, and Lorain counties)
  • Legal Aid of Southeast & Central Ohio
    • Immigration Assistance

Other Resources

ABLE (Advocates for Basic Legal Equity) and the Immigration Advocates Network are also great resources.

The Immigrant Legal Resource Center has some helpful community resources that can be found here. This includes printable Know Your Rights handouts and printable Red Cards in multiple languages.

 

Protester Rights

Under the First Amendment, your right to protest and assemble are protected. It is crucial before attending a protest to know your rights and plan in advance. 

Attending a Protest

• Rights are strongest in public forums (streets, sidewalks, and parks).
• Private Property: Property owners can regulate speech in their space. However, if you own the property or you have the consent of the property owner, officials cannot restrict your speech.
• Counterprotesters have free speech rights and officials must treat all protesters equally. 

ACLU - Protester Rights

Legal Aid Society of Cleveland: Protestor Rights