Immigrants and Due Process
Every nation has a variety of ways of identifying itself; geographic borders are one important way. Polls indicate that most Americans support reasonable and effective measures to control border integrity and exclusion of immigrants with criminal histories. We also are a nation of immigrants and have a long history of welcoming those seeking refuge or the freedoms offered in our founding documents. The Statue of Liberty symbolizes that commitment.
There is little doubt that immigration policy remains a divisive political issue. There have been and will continue to be legislative attempts to find common ground. In the meantime, we have another foundational American commitment: Due Process. Capricious abductions and deportations that prey upon American’s frustration with an elusive legislative solution are not immigration policy and they diminish us a nation.
One small but important step that has been taken by the Immigrant Legal Resource Center is “red cards” requesting that law enforcement officials follow due process procedures. Due process. Nothing more. ILRC has offered these informational cards so that individuals approached by law enforcement will have a readily available set of guidelines on how to respond to law enforcement officials and make a request for due process.
https://www.ilrc.org
Information on red cards is available on the ILRC website. CARDS ARE AVAILABLE IN A NUMBER OF DIFFERENT LANGUAGES
https://www.ilrc.org/red-cards-tarjetas-rojas
You have constitutional rights:
• DO NOT OPEN THE DOOR if an immigration agent is
knocking on the door.
• DO NOT ANSWER ANY QUESTIONS from an
immigration agent if they try to talk to you. You have the
right to remain silent.
• DO NOT SIGN ANYTHING without first speaking to a
lawyer. You have the right to speak with a lawyer.
• If you are outside of your home, ask the agent if you are
free to leave and if they say yes, leave calmly.
• GIVE THIS CARD TO THE AGENT. If you are inside of
your home, show the card through the window or slide it
under the door.
I do not wish to speak with you, answer your questions,
or sign or hand you any documents based on my 5th
Amendment rights under the United States Constitution.
I do not give you permission to enter my home based
on my 4th Amendment rights under the United States
Constitution unless you have a warrant to enter, signed
by a judge or magistrate with my name on it that you slide
under the door.
I do not give you permission to search any of my
belongings based on my 4th Amendment rights.
I choose to exercise my constitutional rights.
These cards are available to citizens and noncitizens alike.