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Know Your Rights If You Are Stopped By Immigration

Date : 8/9/2016  
Name :  Admin 
State :  CA 
URL : 
Category :  Immigration Law 
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Know Your Rights If You Are Stopped By Immigration

If someone is stopped by police agents, immigration agents, or other public authorities, they should know that they have rights. They should know that they have rights and they should be able to use those rights. The first thing to do is to call an Immigration law and deportation defense attorney. The attorney will guide them and tell them about their rights which are listed below:

  • Everyone has a right to remain silent and they must exercise that right by saying out loud
  • They have a right to refuse to consent to a search of their car, home, or themselves
  • They have a right to calmly leave if they are not under arrest, after asking the officer
  • They have a right to a lawyer if they are arrested
  • They have constitutional rights regardless of their citizenship status and they must exercise those rights

Anyone who has been stopped and is being questioned by the police have certain responsibilities. They need to stay calm and polite during the interrogation and questioning process. They must not interfere or obstruct the police in their interrogation. They must not provide false documents or lie to the officers. They must also remember the details of the encounter and they should be prepared in case they are arrested. It is also advised to remain calm and not to run, or argue, even when they are innocent.

Being questioned on their Immigration Status

If someone is being questioned on their immigration status, they have the right to remain silent. They are not required to talk about their immigration or citizenship status with police, or any other authority, including immigration agents. They also do not have to answer any questions such as their place of birth, how they entered the U.S. and other related questions.

If a police officer or immigration agent comes to their house, they can refuse them entry unless they have a search warrant. In case they have a warrant, the individual under investigation has a right to ask for it and check it before allowing the officers to enter their home. Also, one thing to note is that the police and other officers cannot search the house on a removal/deportation warrant. They need to have a search warrant to enter the home of the person and they can only search the areas and items listed on the warrant. Again, the individual always has a right to remain silent, even if the officer has a search warrant.

When someone is arrested by the officer, then need to remain silent and not resist arrest. They have the right to make a local phone call and they can contact an attorney or family member so they can get in touch with an Immigration Law and Deportation Defense attorney. The arrested individual also has a right to call their consulate or even ask the arresting officer to inform their consulate about their arrest. The individual must not answer any questions or sign any documents without talking to their attorney.

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