Know Your Rights and Prepare for Potential Changes Under a New President

As the presidential inauguration approaches, many are expressing concerns about potential shifts in immigration enforcement policies. While no official policies have been implemented yet and it is unclear what will and will not come to pass, it is essential for individuals, families, employers, and communities to be informed and prepared. This guide provides actionable steps and resources to help you navigate interactions with immigration officials and ensure your rights are protected ahead of the inauguration on January 20, 2025.

1. Know Your Rights:

All individuals in the United States, regardless of immigration status, have rights under the U.S. Constitution. Here are key rights to remember:

• At Home: Immigration officers cannot enter your home without your permission unless they have a valid search warrant signed by a judge. Ask to see the warrant through a window or under the door. If the warrant is not signed by a judge, you can refuse entry. Do not open the door, as this might be considered granting permission for them to enter.
• In Public: If approached by an officer, you have the right to remain silent. Politely ask, “Am I free to leave?” If the answer is yes, walk away calmly and without argument. You are not required to answer questions about your immigration status or where you were born.
• At Work: Immigration officers typically need a judicial warrant or employer consent to enter non-public areas. If you are approached, you have the right to refuse consent to searches and remain silent. Employers should educate staff on their rights and have a clear protocol for handling ICE visits.
• In Your Car: If stopped, you should remain calm and keep your hands visible. Officers can only search your vehicle if they have probable cause, a warrant, or your consent. You have the right to refuse consent and to remain silent. Ask if you are free to leave, and if so, drive away calmly.

Resource: Print and carry a “Know Your Rights” card. You can download one from the Immigrant Legal Resource Center (ILRC)’s website, where they are available in 16 languages.

2. Emergency Preparedness

Taking proactive steps can help you and your loved ones be ready for unexpected encounters with immigration officials.

• Family Preparedness: Have a family emergency plan that includes who to contact in case of detention or arrest. Practice scenarios with your family to ensure everyone knows their roles and rights. Consider creating a plan for child care and obtaining a power of attorney for critical decisions.
• Documentation: Collect and safely store copies of important documents such as passports, identification, work permits, Social Security cards, and immigration records. Share copies with a trusted person outside your home. These documents can help prove your eligibility to remain in the U.S. or access legal aid.
• Power of Attorney: Consult an attorney to assign someone to manage your finances, care for your children, or handle other critical matters in case of detention. This legal document can ensure your responsibilities are managed appropriately.
• Savings: Set aside emergency funds for legal representation, bond payments, or other essential expenses. Bonds for immigration detention can be costly, starting at $1,500 and often higher. Having financial resources ready can help secure a quicker release.

Resource: Download an emergency planning guide from the Catholic Legal Immigrant Network (CLINIC)’s website.

3. Prepare for Potential Policy Changes

While the specifics of new immigration enforcement policies remain uncertain, past discussions provide clues about what could change:

• Expanded Expedited Removal: This could mean a broader application of fast-track deportations. Be sure to carry documents that prove your continuous presence in the U.S. for at least two years, as this could be a key defense. Examples of documentation include pay stubs, utility bills, medical records, school records, or dated correspondence that demonstrate your physical presence. If confronted, you can tell an immigration officer, “I have been in the United States for over two years and am not subject to expedited removal.” It’s essential to remain calm and request to speak with an attorney if needed.
• Workplace Raids: Employers should ensure that all employees know their rights and understand that ICE requires a judicial warrant to access non-public areas. Employers can prepare by having a designated point person and legal counsel ready to handle ICE visits.
• Sensitive Locations: Sensitive locations, such as schools, places of worship, and hospitals, are currently areas where ICE enforcement actions are limited. However, these restrictions may be lifted. Stay informed about any policy changes and exercise your rights if approached in these spaces. If stopped, remain calm and invoke your right to remain silent.

Tip: Stay informed about official announcements and consult with trusted legal advisors about potential impacts.

4. Seek Trusted Legal Assistance

If you or a loved one is at risk of detention or deportation, it is crucial to seek advice from qualified legal professionals. Avoid notarios or unauthorized practitioners who may exploit vulnerable individuals.

• Find Help: Use resources like AILA’s immigration lawyer search or local nonprofit organizations.
• Stay Connected: Register with your consulate and establish relationships with community or religious organizations that can offer support.

5. Take Action Now

Preparation is key. Here are steps you can take immediately:

• Print and carry a “Know Your Rights” card.
• Create a family emergency plan and review it with all members.
• Save emergency contact information, including your attorney’s number, in multiple places.
• Consult with an immigration attorney about your options, including possible eligibility for a new immigration status.

Change can bring uncertainty, but preparation and knowledge empower you to face challenges with confidence. Share this information with your loved ones, community, and employers to help protect everyone’s rights and well-being.

For more resources, visit the ILRC, CLINIC, or American Civil Liberties Union (ACLU). Together, we can build resilient communities ready to navigate our uncertain future.

Please note: The information contained in this article was taken in part from informational resources provided by the ILRC, ACLU, and CLINIC. This information is intended for general information purposes and does not constitute legal advice. For current clients of Joseph & Hall, please contact your attorney to discuss your particular case. If you have questions about your immigration case and are not represented by Joseph & Hall, please schedule a consultation with one of our experienced immigration attorneys by calling 303-297-9171 or use our online appointment scheduler: https://app.acuityscheduling.com/schedule/6c7a5321.