A Community Resource from Ghoshal Law PLLC
In light of recent immigration enforcement activity reported in parts of the country, we want to remind our community of an important truth:
Everyone in the United States—regardless of immigration status—has fundamental rights under the U.S. Constitution.
Knowing your rights helps you stay calm, protect your family, and avoid unintentionally waiving legal protections.
I. IF AGENTS COME TO YOUR HOME
Keep the Door Closed
You are not required to open your door to law enforcement or immigration agents, including ICE, unless officers present a judicial warrant signed by a judge.
Ask to See the Warrant
You may ask officers to slide the warrant under the door or hold it up to a window.
- A Judicial Warrant is signed by a judge and may authorize entry.
- An Administrative Warrant (such as ICE Forms I-200 or I-205), signed by an immigration officer, does NOT allow entry into your home without your consent.
You Have the Right to Remain Silent
If officers are inside, you do not have to answer questions about:
- Where you were born
- Your immigration status
- How you entered the U.S.
You may say:
“I choose to remain silent and wish to speak to an attorney.”
II. STOPS IN PUBLIC & AT SCHOOLS
If Stopped in Public
- Do not
- Ask: “Am I free to go?”
- If yes → calmly walk away
- If no → say: “I choose to remain silent.”
Schools & Child-Focused Locations
Under current federal policy, immigration enforcement actions are generally restricted at:
- Schools
- Licensed childcare centers
- School bus stops
Additionally, under FERPA, schools cannot share a child’s immigration status or student records without parental consent or a subpoena.
III. PRACTICAL PREPAREDNESS TIPS
- Create a Safety Folder with:
- Copies (not originals) of passports
- USCIS receipt notices
- Approval notices or pending application proof
- Avoid carrying false documents or documents that do not belong to you.
- Maintain compliance if you hold a valid nonimmigrant status:
- Update your address with USCIS using Form AR-11 within 10 days of moving
EMERGENCY “RED CARD” — KEEP IN YOUR WALLET
ENGLISH
I do not wish to speak with you, answer your questions, or sign or hand you any documents, based on my Fifth Amendment rights.
I do not give you permission to enter my home or search my belongings based on my Fourth Amendment rights, unless you have a warrant signed by a judge.
I choose to exercise my constitutional rights.
ESPAÑOL
No deseo hablar con usted, responder a sus preguntas, ni firmar ni entregar ningún documento, basándome en mis derechos de la Quinta Enmienda.
No le doy permiso para entrar en mi casa ni registrar mis pertenencias basándome en mis derechos de la Cuarta Enmienda, a menos que tenga una orden firmada por un juez.
Elijo ejercer mis derechos constitucionales.
Ghoshal Law PLLC
Austin, Texas
🌐 www.ghoshallaw.com
Disclaimer: This material is for general informational purposes only and does not constitute legal advice. Each case is unique.