January 20, 2025
Dear John xxxxxx,

As you have probably heard through news reports, the new Trump administration plans to make changes to our immigration laws that will impact all of us. Therefore, it is crucial to ensure everyone is informed of their rights and responsibilities. Whether you are a U.S. citizen, a lawful permanent resident, or are undocumented, you have rights. Understanding these rights can help you navigate encounters with immigration enforcement agencies such as ICE (Immigration and Customs Enforcement).

What are your rights?

• IN YOUR HOME: ICE agents cannot search your person, belongings, car, or home without your permission or a valid search warrant signed by a judge with your correct name and address on it. If an ICE agent is at your door, you do not need to open your door. You can ask them to hold up a warrant to a window or slide it under the door. Remember: An ICE deportation warrant is not the same as a search warrant and does not allow officers to legally enter your home.

• AT WORK: ICE can only enter a workplace with the employer’s consent or a judicial warrant. If they enter your work place, do not panic or try to run away. You have the right to remain silent. You have the right to speak to a lawyer, and if you are detained and taken into custody you are entitled to immediately contact an attorney.

• IN PUBLIC: You are not required to answer questions about your immigration status, where you were born, or how you entered the country. You may refuse a search. If you are stopped for questioning but are not arrested, you do not have to consent to a search of yourself or your belongings, but an officer may “pat down” your clothes if he or she suspects you have a weapon. Politely state, “I am exercising my right to remain silent.

• AT DOCTOR'S OFFICES: You are not required to disclose your immigration status to receive medical care, even if your healthcare provider asks you for this information. You should feel safe seeking the medical attention you need.

• AT SCHOOL: Students have the right to attend school without providing documentation of their immigration status. Schools should not ask about immigration status, and they cannot deny enrollment based on immigration status. Under federal law, schools cannot turn over personally identifiable student records to police, federal agents, or immigration officials without the written consent of a parent or guardian, unless the information is requested through a subpoena or court order such as a judicial warrant. Currently, it is Department of Homeland Security policy that immigration enforcement is not to be carried out at schools. If for whatever reason there is an ICE agent on school grounds, immediately inform a teacher or principal.

• AT PLACES OF WORSHIP: Currently, ICE is directed to avoid enforcement actions in certain “protected areas” like schools, places of worship, and hospitals. If you encounter an ICE agent, remember you have the right to remain silent and request to speak with an attorney. You should also immediately inform the leaders of your place of worship if you suspect ICE presence.

If you are detained by ICE, ask to speak with an attorney immediately. If you do not have a lawyer, ask an immigration officer for a list of pro bono lawyers. Do not sign anything without legal advice, as it could waive your rights or agree to voluntary departure. If safe to do so, record the interaction on your phone and take detailed notes about what happened during the arrest.

To help protect yourself and your loved ones, here’s a "Know Your Rights” card that outlines your legal protections and present it to ICE agents if needed. Here’s an English and Spanish version of the Know Your Rights card. Make sure to print out a copy that you can carry in your wallet or purse and that you can share with family and friends.

Develop a family safety plan by identifying trusted contacts that can keep important immigration paperwork safe and memorizing important phone numbers you can contact in case you are detained. You should also take steps to plan for another adult to care for your child if you are unable to do so. 

During these uncertain times, we must stand together as neighbors and ensure everyone knows their rights.

If you have any questions or need assistance with U.S. Citizenship and Immigration Services or have an issue with ICE, please don’t hesitate to reach out to my office at 832-325-3150. We are here to help.

Sincerely,

Sylvia R. Garcia
Member of Congress

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