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Immigrants: Know Your Rights

Know your rights!

Carry a copy of the Red card/Tarjeta Roja

Rights of Noncitizens

Overall the constitution rarely makes distinctions between the rights of a citizen and noncitizen, therefore the rights are entitled to all exisiting in the US including:

  • The right to speak and worship freely (1st ammendment)
  • Freedom from unreasonable search and seizures (4th ammendment)
  • Full due process of the law (5th ammendment)
  • Right to legal counsel in crimincal cases (6th Ammendment)

The biggest variation of rights comes in the specific case of immigration law. Past cases have given precidence to treat immigrants as lesser such as prolonged detention and visa denials. But this does not mean immigration is completely lawless. Be aware as well that at the border and 100 mile radius around the border are consisdered their area of enforcement and can allow an agent to detain someone under reasonable suspiscion and stop lawful permanent residents.

Immigration Enforcement Must Uphold These Laws

  • A reliable warrant signed by a Federal judge without this, a noncitizen can refuse to speak to or allow entry to ICE officials
  • Probable cause to arrenst without a warrant and that they would flee before being able to obtain one. (This is currently in effec)
  • Your right to remain silent. The only requirement is showing immigration doccumentation if you have it

Sources

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