For many migrants and immigrants in the U.S., the possibility of deportation or detainment is a harsh reality. While legal protections exist, being prepared can help reduce stress and ensure that you and your family are ready to respond effectively if such a situation arises. This guide outlines crucial steps to take for emergency preparedness.

Know Your Rights

Understanding your rights can help protect you if you encounter law enforcement, including immigration officers. Key rights include:

• Right to Remain Silent: You do not have to answer questions about your immigration status. Simply say, “I wish to remain silent,” and do not sign anything without speaking to a lawyer.
• Right to Refuse a Warrantless Search: ICE must have a judge-signed warrant to enter your home. You can ask, “May I see the warrant?” and refuse to open the door if it is not signed by a judge.
• Right to Contact a Lawyer: You have the right to legal counsel, though immigration cases do not provide government-appointed attorneys. Have a trusted lawyer’s contact information readily available. In criminal matters, you do have the right to be appointed free legal counsel.
• Right to Contact Your Consulate: Under the Vienna Convention, you can request assistance from your home country’s consulate if detained.

Important Documents to Keep Ready

To avoid unnecessary delays and complications, keep these documents in a safe, accessible place and ensure trusted family members or friends have copies:

• Your A-Number (Alien Registration Number), if applicable.
• A copy of your immigration papers (work permits, pending applications, asylum receipts, etc.).
• A valid passport or consular ID from your home country.
• A list of emergency contacts, including legal representatives, family members, and advocacy organizations.
• A completed Form G-28 (Notice of Attorney Representation) if you have legal counsel.
• Power of Attorney for Legal and Financial Matters: Designating a trusted person as your power of attorney (POA) ensures that someone can handle your financial obligations, sign documents, and make decisions on your behalf if you are detained.
• A list of any medical conditions and prescriptions you take.

Emergency Contacts & Resources

• ICE Online Detainee Locator: If detained, family members can find you by using the ICE Detainee Locator. Note: A detainee typically does not show up for at least 48 hours. If searching by name, ensure the exact spelling is used.
• Know Your Rights Cards (Red Card): Some organizations provide “Red Cards” listing your rights for easy reference. Our partner organization, AMEXCAN, is currently producing their own, which will be available soon.

Planning for Your Family’s Safety

If you have children or other dependents, ensure they are prepared in case you are detained:

• Power of Attorney for Minors: This allows a designated person to make medical and educational decisions for your child if you are detained. However, these do not grant full custody.
• Memorize Important Phone Numbers: Your children and loved ones should memorize essential phone numbers in case they need to contact someone for help.

Protecting Your Home & Belongings

• Keep your legal documents in a secure but accessible location (not on your person when outside your home, as they could be confiscated).
• If you move, update your address with immigration agencies using Form AR-11 (for USCIS) or EOIR-33 (for immigration courts) to avoid missing crucial notices.
• Have a Financial Plan: Arrange for a trusted person to access funds, pay bills, and manage your property if you are detained.

What to Do If You Are Detained

1. Stay calm and remember your rights.
2. Do not sign anything you do not understand.
3. Request an interpreter, if needed.
4. Ask to call your attorney or a trusted contact.
5. Write down your A-Number and give it to your family.
6. Seek legal representation immediately.
7. Request to speak with your consulate.

No one wants to plan for the worst, but taking these steps now can make all the difference in protecting yourself and your loved ones. By preparing in advance, you can navigate unexpected situations with greater confidence and ensure that your rights and dignity are upheld.

For further resources, visit:

• ACLU Know Your Rights – Stay updated with news related to immigration.
• NC Justice Center Emergency Planning Guide – Use this guide in your preparations.

Stay informed, stay prepared, and know that you are not alone in this journey.

Need Legal Assistance? If you find yourself in a tough immigration situation, reach out to us for a consultation. Some people may qualify for a free consult and free legal services; all others who don’t qualify for free services are offered low-cost services that can be discounted by up to 50% to 10% off market rates.