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Your Legal Rights in the US by Hilary T. Fraser |
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All persons in the United States, including foreign nationals, have certain basic
rights that must be respected by the Immigration and Naturalization Service (INS). These rights stem from both the U.S. Constitution and U.S. laws. As a
foreign national, you have the following rights: Your Right to Refuse Entry Into Your Home: You have a right to deny an INS agent 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 does not have a valid warrant. You also have a right to refuse to speak with INS agents or to answer any questions, or refuse to show the agent any documents, unless the agents have a warrant listing all the documents that should be shown. If INS 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 the INS. 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 the INS. 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 the INS when they arrest any individual suspected of being an undocumented alien on drug charges. An INS 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 the INS arrests you 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. The INS 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, the INS must give you access to a telephone and at least two hours to try to call an attorney. During that time, the INS 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 the INS to enter a workplace, the immigration agent must have a valid search or arrest warrant, or have the employer's permission to enter. If INS 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 INS 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. For more details about your rights, you may want to read "The Rights of Aliens and Refugees," written by the American Civil Liberties Union and published by Southern Illinois University Press, P.O. Box 3697, Carbondale, IL 62902-3697 (second edition 1990; $7.95). *Hilary T. Fraser practices immigration law at True, Walsh & Miller, 101 North Tioga Street, Ithaca, NY 14850, 607/273-4200. |
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OFFICE OF INTERNATIONAL STUDENTS AND SCHOLARS
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YALE UNIVERSITY
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432-2305
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COMMENTS: WEB MANAGER
Last updated:
05/07/2008 03:31:17 PM
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