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El Escudo: Immigrant Rights and Resources Toolkit

Introduction

In uncertain times, when immigration policies and personal security can create anxiety, it is essential to know your rights and how to assert them. El Escudo is designed to empower immigrant families by providing the necessary information to defend their rights in various situations, from interactions with authorities to accessing medical services, the workplace, and educational systems. This resource is intended to offer a path toward security, ensuring that individuals know they have the right to be treated with dignity and respect, regardless of their immigration status.

In this time of insecurity, remember not to panic, that you are not alone; there are allies and resources available to support you in defending your rights and protecting your well-being.


All persons regardless of immigration status have certain basic rights.

  • You have the right to remain silent. 
  • You have the right to speak with an attorney. 
  • You have the right to protections against discrimination. 
  • If law enforcement/ICE shows up at your house, DO NOT OPEN THE DOOR. Ask them to slide the warrant under the door. It has to be signed by a judge and have your name and address. 
  • Never carry false documentation with you (it is a crime). 
  • If you are stopped or detained, state your name and date of birth.
  • DO NOT sign anything! Talk to an attorney first. 

Rights at Home:

  • ICE cannot enter your home without a judicial warrant. If agents knock, ask them to slip the warrant under the door or show it through a window.

Rights in Public Spaces:

  • If stopped on the street, ask if you are free to leave. If yes, walk away calmly. If no, remain silent and request an attorney. 

Rights in Your Car:

  • Pull over safely and provide requested documents. You’re not required to show ID for passengers. You can remain silent and ask to speak with a lawyer. Officers can only search your vehicle with consent, a valid warrant, or suspicion of criminal evidence. Requirements vary based on state and immigration status.

Rights at Work:

  • As an employee, you have rights protecting you from discrimination based on national origin, immigration status, and other factors. Employers cannot treat you unfairly due to these factors. Federal laws, including the INA, Title VII, and the ADA, protect workers from such discrimination. If you face discrimination, you can file a complaint with the appropriate agency.

Rights at School/University:

If ICE appears at a school, verify the court order, ensure it specifies individuals' names, and limit ICE actions. Contact a lawyer for guidance. Parents should name a guardian and update emergency contacts. Undocumented students have rights to public education, freedom from discrimination, and protections, including remaining silent and contacting their consulate.

Rights at Airports:

  • At ports of entry, airports and the border, you can encounter Customs and Border Protection (CBP), Homeland Security Investigations (HSI), Immigration and Customs Enforcement (ICE), or Transportation Security Administration (TSA). You have rights when interacting with them.

Rights as a Patient Seeking Medical Service:

  • The Health Insurance Portability and Accountability Act (HIPAA) protects the privacy of health information for all individuals, including immigrants. HIPAA also gives individuals control over how their health information is used. 

Rights at Detention Centers:

  • If arrested and detained, you have rights: remain silent, request a phone call, refuse to sign documents, and seek legal representation. You can contact your consulate, inform immigration of child care responsibilities, request bond, and inquire about detention conditions. You have the right to healthcare and a copy of detention standards.

Rights in Police Custody/Jail

  • Detention, charges, and convictions can affect immigration status. If arrested, exercise your rights: remain silent, request a phone call, speak to a criminal defense lawyer, and inform them of your immigration status. Don’t sign anything without legal advice, and consult an immigration lawyer about potential deportation risks. 


  • Know your rights at home: If ICE comes to your door, you do not have to open the door unless you allow them permission to enter your home or ICE presents a valid signed judicial warrant. If ICE presents a valid judicial warrant, ask them to slip it under the door or show it through a window.

  • You should NOT invite the officer into your home: If ICE tells you they are there to arrest someone or search the home, do not open the door or invite them into your home. Opening the door, even 1 inch, grants them permission to enter and search your home as they may state they have "probable cause" or "suspicion" of something in your home. It is important to also tell this to others in your home, including children. If a child or any other individual opens the door, that may give ICE permission to enter the home.

  • Warrant Protocol: ICE cannot enter your home without a valid search warrant. Talk with the officers through the door and ask them to show you their identification and the warrant. Review the warrant to determine if it is valid:
    • The warrant must be a search warrant: There are two different types of warrant: a search warrant and an arrest warrant. ICE cannot enter your home with an arrest warrant, they must have a search warrant.
    • The warrant must have the correct address: If the address on the warrant is incorrect, ICE cannot search your home, unless you grant them permission.
    • The warrant must have a judge’s signature: To be valid, the search warrant must be signed by a judge. If an immigration officer signed the warrant, it is not a valid search warrant. Without the warrant signed by a judge, ICE cannot search your home, unless you grant them permission.

  • You have the right to remain silent: If ICE has a valid warrant and enters your home, you can choose to remain silent. If you must speak, tell the agent you would like to speak to an attorney before answering any questions. 


  • Interactions with Law Enforcement: There are guidelines for dealing with ICE or law enforcement during public interactions. You have rights that protect you, regardless of your immigration status

  • Know Your Rights if approached by ICE or police in public: If approached by ICE or police in public, ask if you are free to leave. If they say “yes”, walk away calmly. If they say “no,” do not run or walk away, stay where you are. 

  • You have the right to speak with an attorney: If the officer tells you that you cannot walk away, and that you have been detained. You should ask to speak to an attorney and then remain silent. You have the right to speak with a legal representative. It is okay if you have not hired a legal representative; you still have the right to consult with one.

  • Documenting the Encounter: Safely record the interaction, if possible. Note badge numbers, names, and details about the situation. Also, contemporaneous notes are notes made at the time or shortly after an event occurs. They represent the best recollection of what you witnessed and can be used in court if they are taken correctly.

  • You have the right to refuse a search: You do not have to consent to a search of yourself and your belongings. State clearly that you do not consent to a search. Officers may continue to search yourself and your belongings, regardless of your refusal. Stay calm and do not resist the inspection, and keep your hands where the officer can see them. Stating your objection preserves your rights. Thereafter, the officer cannot arrest you without a warrant or proof that you have committed a crime.

  • You have the right to remain silent: You do not have to answer any questions without the presence of your legal representative. (In some states, you may be required to state your name if an officer asks you to identify yourself and an officer may arrest you for refusing to do so). You can show the officer your “red card” or tell the officer you are exercising your right to remain silent. If you must speak, only say that you want to talk to your legal representative before answering questions.  

  • Do not lie: You do not have to let them know your immigration status, and you should not lie about your immigration status and/or provide false documentation.


  • Stop the car as soon as safely possible
    • After stopping, turn off the car, open the window part way, and place your hands on the wheel.

  • There must be a reason to stop you
    • If a police officer stops you, they must have reasonable suspicion that someone in the car committed a local or state violation or crime. If an immigration officer stops you, they must have reasonable suspicion that someone in the car committed an immigration violation or federal crime. You can ask:
      • Am I free to leave?
      • Are you the police/immigration?
      • Why did you stop me?

  • If you are driving, upon request, provide necessary documentation, which includes driver’s license, registration, and proof of insurance
    • If you don't have these documents, you can let the officer know you do not have them or that you are exercising your right to remain silent. Some states do require you to have a valid driver’s license, if driving a vehicle. Failure to do so may result in consequences
    • If you do not have lawful status, you should not provide foreign identification. 
    • If an officer asks a passenger for identification, they do not have to provide it. 

Consult with a local advocate or counsel to understand when you must produce identification, with exceptions for varying states and scenarios. For example, in most states, you are required to show a driver's license if requested during a traffic stop. In certain situations, such as if you are involved in a legal proceeding or interaction with law enforcement, you may also need to present additional documents like your immigration identification, legal permanent resident card (green card), or visa if you are not a U.S. citizen and to confirm lawful status. Requirements may vary based on local laws, specific circumstances, or your immigration status.

  • If the officer says they have a warrant, ask for identification and review the warrant
    • Search warrant: Officers can search your car if (1) you give consent, (2) they have a search warrant that specifies that exact car to be searched and the warrant is signed by a judge and not an immigration officer, or (3) they believe your car contains evidence of a crime. 
    • Arrest warrant: If an ICE officer has an arrest warrant, they can arrest the person named on the warrant. An arrest warrant does NOT give ICE permission to search your car. 

  • You have the right to remain silent
    • You can exercise your right to remain silent by showing your Know Your Rights card or telling the officer you are exercising your rights to remain silent. If you must speak, say you would like to speak to an attorney before answering questions.


  • Employee’s Rights: You have specific rights that protect you from unfair treatment and discrimination. These rights include protections against discrimination based on national origin, immigration status, and other protected characteristics.

  • Employment Discrimination: It is illegal for employers to discriminate against you based on your national origin or immigration status. Employers cannot:
    • Require you to speak English when speaking privately with a co-worker.
    • Demand extra documents beyond what is required on the Form I-9 for hiring purposes.
    • Enforce rules or policies differently because you are an immigrant or refugee.
    • Terminate your employment due to the expiration of your green card or work permit if you are still a lawful permanent resident, refugee, or asylee.
    • Pay you lower wages or offer fewer hours due to your national origin.
    • If you experience discrimination at work, you should reach out to local organizations or agency that investigate discrimination such as the Fair Employment Practice Agencies and Dual Filing (FEPAs) and/or the Equal Employment Opportunity Commission (EEOC).

  • Federal laws protect workers from discrimination based on immigration or citizenship status, including undocumented workers, through several key statutes: 
    • Immigration and Nationality Act (INA), as amended by the Immigration Reform and Control Act (IRCA) of 1986, prohibits employment discrimination based on immigration or citizenship status and prevents document abuse, where employers request unnecessary or excessive documents to verify employment eligibility.
    • Title VII of the Civil Rights Act of 1964 protects employees from discrimination based on race, color, sex, religion, and national origin in workplaces with 15 or more employees. It also extends protection to undocumented workers against discrimination related to national origin, race, or other factors.
    • The Equal Pay Act of 1963 (EPA) ensures that workers performing equal work are paid the same wage regardless of sex, and applies to all employees, including undocumented workers.
    • Age Discrimination in Employment Act of 1967 (ADEA) protects individuals 40 years or older from age-based discrimination in the workplace.
    • Americans with Disabilities Act of 1990 (ADA) prohibits discrimination against workers with disabilities, applying to all employees, regardless of immigration status. 

  • Here are different rules for filing a discrimination complaint, and they can vary depending on the law involved: 

  • Filing Deadlines: Each law has its own time limit for when you can file a complaint. For example:
    • Under Title VII, you usually have 180 days to file, but you may have 300 days if a local agency is involved.
    • Under the INA/IRCA, you typically have 180 days to file a discrimination charge.

  • Who Is Protected: Protection depends on who you are and your status. For example:
    • Title VII covers workplaces with 15 or more employees.
    • INA/IRCA covers workers in places with 4 or more employees.

  • What You Can Get: If you win a discrimination case, you may receive:
    • Reinstatement (getting your job back),
    • Back pay (wages you lost),
    • Damages (compensation for harm caused),
    • Changes to workplace policies.
    • It’s important to know the rules, deadlines, and possible remedies before you file a complaint.

These laws ensure workers are protected from discrimination in various forms, regardless of their immigration status, as long as the employer has the required number of employees. The INA/IRCA specifically addresses immigration status discrimination, while Title VII and other laws cover broader employment discrimination protections.

  • Immigration and ICE Interactions: If ICE (U.S. Immigration and Customs Enforcement) comes to your workplace, it is important to stay calm and silent. Remember your rights, which includes: 
    • The right to remain silent. You do not have to answer any questions without the presence of your legal representation. In some states, you may be required to state your name if an officer asks you to identify yourself. 
    • The right to speak to an attorney. If an officer asks you that you cannot walk away and that you are detained, you should ask to speak to an attorney and then remain silent. It is okay if you have not hired a legal representative; you still have the right to consult one. 
    • You have the right to refuse to form a line. If officers tell you to form a line based on immigration status, you have the right to stay where you are or move to a place that is not designated for a particular group of employees. You can let officers know that you are invoking your rights to remain silent. If you are forced to move, do not resist. 
    • You are not required to present any identification documents to ICE, nor do you need to disclose your country of nationality. Never provide false information or documents. 


  • What should staff do if ICE arrives? 
    • Verify the Warrant: Ask ICE to present a valid signed judicial warrant signed by a judge. Do not accept an administrative warrant. Ensure it specifies names and details of individuals ICE is seeking.
    • Check for Specific Names: Ensure the warrant clearly names the individuals ICE is looking for. A general warrant for broad access is not acceptable.
    • Limit ICE’s Actions: Only allow ICE to search or detain individuals who are named in the warrant. Do not permit them to question or detain others.
    • Contact Legal Counsel: Immediately contact legal counsel to verify the validity and scope of the warrant. Follow their guidance on the next steps.
    • Restrict ICE’s Access: Limit ICE’s access to only the areas or information specified in the warrant. Do not allow them to access anything beyond what is detailed in the document.

  • For parents: 
    • Parents should appoint a guardian for their children. Parents should update their emergency contact list and add as many names as possible, including citizens if at all possible.

  • For schools in general: 
    • Schools need short term placements for students who arrive home and their parents have been detained by ICE. Teachers could possibly fill this role.

University:

Undocumented students in the United States have rights, including the right to public education, freedom from discrimination, and protection under the Equal Protection Clause. They also have the right to remain silent and refuse consent to searches.

Rights:

  • Remain silent: You have the right to remain silent and not answer questions about your immigration status.
  • Refuse consent: You have the right to refuse consent to searches of your person, home, or car.
  • Call your consulate: You have the right to call your home country's consulate if you are not a U.S. citizen.
  • Access to public education: You have the right to attend public schools.
  • Protection from discrimination: You have the right to be free from discrimination based on national origin.
  • Access to bilingual education: You have the right to access bilingual education or accommodations.

Additionally, if your university has a program or center for undocumented students that offers legal services, we encourage you to reach out to them for assistance and further information on your rights.


At ports of entry, airports and the border, you can encounter Customs and Border Protection (CBP), Homeland Security Investigations (HSI), Immigration and Customs Enforcement (ICE), or Transportation Security Administration (TSA). You have rights when interacting with them.

  • Immigration can question whether you have lawful immigration status and whether you are admissible to the United States: You have the right to remain silent, but refusing to answer routine questions could delay you or cause you to be taken into secondary inspection. 

  • Immigration can search your belongings for contraband: Officers do not need a warrant or probable cause like in any other contexts. However, you cannot be selected for a search based on your religion, race, national origin, gender, ethnicity, or political beliefs. Be sure to remember anything an officer says regarding why they are searching you and/or your belongings.
    • Strip Searches: Officers can only perform a strip search in a private space if they have reasonable suspicion of an immigration crime or violation. 
    • Electronic Devices: Officers may ask for passwords for your electronic devices.
      • If an officer confiscates your electronic devices, get a receipt and write down the officer’s name, agency, and badge number. 

Immigration may take you into secondary inspection: Secondary inspection involves going to another room where you will be asked more questions. You should be treated with dignity and respect. Officers take the position that you are not entitled to an attorney, but we encourage you to ask to call your attorney. If it becomes clear that you are under arrest or being investigated for a crime, you should ask to speak to an attorney and then exercise your right to remain silent.

  • Immigration may take your fingerprints: Visitors and lawful permanent residents are generally fingerprinted upon entry from abroad. 


  • The Health Insurance Portability and Accountability Act (HIPAA) protects the privacy of medical information of all people, including immigrants. HIPAA also gives people control over how their health information is used.
    • Protections under HIPAA:  
      • HIPAA protects health information that is individually identifiable. This includes demographic information and information about a person's physical or mental health. 
      • HIPAA allows for necessary access to health information while protecting public health.  

  • While immigrants have the same fundamental rights as any other patient, there are additional protections and considerations specific to their status.
    • Access to Care
      • Right to access emergency services, regardless of immigration status.
      • Right to timely medical care, including for urgent or non-urgent needs.
      • Right to continuity of care, including for long-term health conditions.
    • Privacy
      • Right to privacy and confidentiality, including protections against unauthorized disclosure of immigration status.
      • Right to control who sees their medical records, with medical information separate from immigration records.
      • Right to request amendments to medical records to ensure accuracy.
    • Decision-making
      • Right to make informed decisions about care without fear of discrimination based on immigration status.
      • Right to refuse treatment, with clear communication of risks and benefits.
      • Right to include family members, regardless of immigration status, in care decisions.
    • Respect
      • Right to be treated with respect and dignity, free from discrimination based on immigration status.
      • Right to be free from discrimination in the healthcare setting due to immigration status, ethnicity, or language.
      • Right to know the names and roles of healthcare providers.
    • Other Rights
      • Right to get a second opinion, regardless of immigration status.
      • Right to know about any conflicts of interest that may impact care decisions.
      • Right to change doctors, hospitals, or hospice providers without fear of retribution for immigration status.
      • These rights ensure that immigrant patients receive fair, respectful, and compassionate care. Healthcare providers must uphold these protections, regardless of the patient’s immigration status.

  • Patient rights vary by state, but many states have laws that protect patients. Federal law also guarantees some of these rights. 

  • Important to keep in mind: 
    • As of November 1, 2024, a Texas mandated order GA-46, requires hospitals to ask patients about immigration status to track costs for undocumented care and report data quarterly, while still providing emergency care regardless of status. This mandated order could be replicated by other states. 
    • What you need to know:
      • Does not require patients to answer questions about their immigration status or lawful presence in the US. 
      • Hospitals are required to inform patients that any response to these questions will noy affect patient care. 
      • You have the right to decline to answer when you are asked about your immigration status. 
      • There are no legal consequences should you choose not to respond


If you are arrested and placed in immigration detention, you have rights that can help protect you:

  • Right to Remain Silent:
    • You do not have to answer questions about where you were born, how you entered the U.S., or how long you've been here. Anything you say could be used against you later, so it’s better to stay silent.

  • Right to a Phone Call:
    • Make sure to provide your “A” number (immigration number) to a trusted family member or friend. This can help them locate you and find legal assistance.

  • Right to Refuse to Sign Documents:
    • Never sign anything, like voluntary departure or removal orders, without consulting a lawyer. Signing could give up your right to stay in the U.S.

  • Right to Legal Representation:
    • While the government won’t provide or pay for a lawyer, you are entitled to hire one. If you can’t afford one, ask for a list of free or low-cost legal services.

  • Right to Legal Help During Immigration Conversations:
    • You have the right to legal representation when speaking with immigration authorities. A lawyer can visit you in detention and represent you during immigration hearings.

  • Right to Contact Your Consulate:
    • Immigration must allow you to contact your consulate upon request, or at least inform them of your arrest. Your consulate can help with legal aid and advice.

  • If You Care for Children:
    • If you are responsible for caring for children, inform immigration officers. You should be given time to arrange care for them. Ideally, you should have a plan in place with the caregiver ahead of time, and ensure the school has the necessary documents if your children are enrolled.

  • Right to Request Bond:
    • You may be eligible for release on bond while awaiting your immigration case. If denied bond, you can ask for it to be reduced. If you can’t afford the bond, contact a bond fund.

  • Know the Conditions of Detention:
    • Detention facilities must meet certain standards, including safety, access to medical care, food, water, sanitation, and the ability to file complaints. You have the right to receive a copy of these standards.

  • Right to Health Care:
    • You are entitled to mental and physical health care, regardless of your gender, sexuality, or sexual identity.


  • Avoid police contact if possible
    • If you're at risk of deportation, try to avoid interacting with law enforcement. If contact does happen, assert your rights and seek legal advice immediately.

  • Consult with an attorney:
    • If you've been charged with a crime, your criminal defense attorney must inform you if your charges or any plea deal could lead to deportation. They should work with an immigration attorney who specializes in criminal-immigration cases to fully explain the risks.

  • Right to a phone call:
    • You have the right to contact a family member or friend and let them know you've been arrested. They can help find an attorney for you.

  • Right to an attorney
    • Request to speak with your criminal attorney, or if you don’t have one, ask for a public defender. While the government will appoint a criminal attorney, they won’t cover the cost of an immigration attorney, but you can hire one.

  • Right to remain silent
    • You do not have to answer questions during an arrest. Do not discuss your immigration status or criminal history with anyone except your attorney.

  • Tell your attorney about your immigration status and criminal history
    • This helps ensure you get the best legal advice.

  • Right to refuse to sign documents
    • If asked to sign anything, tell them, “I will not sign anything until I speak with my attorney.” Make sure you understand what you're signing before agreeing.


  • Preparing important documents, such as identification and medical records: 
    • Create a safety plan including updating emergency contacts at your child’s school.
    • Carry valid identification, such as a municipal ID or state driver’s license, and avoid carrying false documents.

  • How to get last paycheck:
    • Contact your employer's Human Resources department through a trusted contact person, like a family member or attorney, and ask them to formally request your final paycheck on your behalf. 

  • Designating child care and pickup:
    • Designated caregiver you have previously informed, such as your spouse, other parent, close relative, trusted friend, or neighbor, who you have given permission to take care of your child in an emergency situation.  

  • Power of attorney: 
    • Consider granting a power of attorney (POA) to someone you trust who will remain in the U.S. to take care of matters for you on your behalf.
    • You can either grant a general power of attorney to one agent, or you may grant separate powers of attorneys to different people for different purposes. For example, one can handle your financial affairs while another can make decisions regarding your children. The agent entrusted with the power of attorney must be an adult.
    • Write the document to authorize the power of attorney including how long the power of attorney should last and details about the assets such as the names of the banks, account numbers, locations of the assets, etc… Each state may have different legal regulations, so be sure to follow the requirements and consider the possibility of drafting a power of attorney from abroad if absolutely necessary. Keep a copy of all your own records and the agent’s records of all the actions they take under the power of attorney.
    • Generally, a POA starts with a paragraph identifying the state and county where the immigrant is when he or she is signing the form, giving the name of the immigrant principal and the name of the agent.  The next paragraph is usually a list of possible powers the immigrant can give the agent. The immigrant will check off all the powers he or she would like the agent to have.  
    • In general, a POA must always be in writing, and may have to be witnessed by one or more persons, notarized, or recorded at the county courthouse, depending on where, and for what purpose, the POA is being used.
    • “General” POA, Special or Limited POA, and Springing POA. An agent should be a person who has the necessary documentation to be in the U.S. legally if possible, a person residing in the same state the POA will be used, a person who can be trusted to act in accordance with the immigrant’s wishes and be trusted to take the time to manage these responsibilities.
    • WARNING: Be cautious when considering a spouse or intimate partner as your agent. The immigrant’s interests can quickly become opposed if there is a divorce or breakup. Many service providers have seen immigration status used as a means of control and coercion by abusive partners.
    • Some states have a “Statutory form” serving as the model POA form that contains all of the required instructions and information to make it valid and accepted within the state. These states include California, New York, Texas, and Florida. The forms can be downloaded online from the state’s official websites by searching “Statutory form power of attorney” and your state.
    • If a third party is refusing to accept the POA from the agent, consider reaching out to a lawyer and possibly bringing forward a lawsuit if the third party is acting unreasonably. Otherwise, they may bring forward another way to resolve the situation such as filling out the 
    • Key financial items to consider and have organized to be readily available: 
      • Bank
        • Depends on bank. Either close or see if you can access in your home country.
      • Cash
        • Find a U.S. bank with ATMs in foreign countries to avoid problems with carrying cash across the border. Consider sending a bank draft as well since they can be cancelled if lost.
      • Car
        • If selling your car, be sure to put the sale in writing, request the buyer pay in cash, file title and tax forms with the DMV, and communicate the sale to your automobile insurance carrier. 
      • Residential Lease
        • Understand the terms of your lease and if you are responsible for unpaid rent, or if you can sublease to someone else. 
      • Home
        • If you are not familiar with the sales process for your home, consider contacting a real estate agent as it is very important that the sale complies with all laws. To gift your home, you will need to follow a strict process as well of executing a deed, preparing the appropriate paperwork for state and local tax forms, resolve mortgage issues, and register miscellaneous liabilities, such as insurance and utilities.
      • Business
        • To transfer or sell your business, refer to your local rules and regulations by consulting with local city, county, and state agencies for additional guidance on the process.
      • Social Security and Veterans Benefits
        • If your dependents are U.S. citizens, they can continue to receive benefits.
        • If you are lawfully admitted to the U.S. for permanent residence after being deported, any benefits that were unpaid on account of your deportation may be payable when you are readmitted.
      • Collecting Unpaid Wages and Final Paycheck
        • You have the right to wages for any work that you have done regardless of work authorization. If your address changes because of detention or deportation, notify your employer of your new address to send your final paycheck. 
        • If you are not paid your final paycheck, you may make a formal complaint with the Department of Labor or your state labor office. Some nonprofit organizations and your consulate may also be able to assist you.
      • Debts
        • Your debt is not discharged when you leave the country. Many banks and other lenders are multinational and may attempt to collect the debt if it is not paid. 
        • Be sure to contact the lender to notify them of the situation and forwarding address either before or immediately following deportation. Request receipt of your notification to validate that you contacted them.
      • Taxes
        • Even if you are not a lawful permanent resident for immigrant law purposes, you may be a resident alien for tax law purposes.
        • If you are a non-resident alien for tax purposes, complete Form 1040NR or Form 1040NR-EZ at the end of the tax year in order to possibly receive any refund.
        • If you are a resident alien for tax purposes, complete Form 1040 as you would have in the U.S.
        • Failing to file your appropriate tax forms may result in civil and criminal penalties which may disqualify you from ever immigrating to the U.S. again.
      • Moving Property to Mexico
        • “Menaje de casa” is a list of items to be imported into Mexico, specifically. Mexican Customs is very strict and has their own requirements for moving your household goods into the country. For example, you cannot label a box with your kitchenware “Cutlery,” you would have to be specific by saying “10 forks and 5 spoons.” For electronics, the model number has to be written next to the product description. 
        • For a list of what can be imported, visit your local Mexican consulate or visit the official Mexican consulate website for more details.
      • Assets of Minor Children
        • If your child(ren) holds property in their name as a U.S. citizen, the deportation of their parents could disrupt their possession. 
        • Be sure to reference local and state laws to see what age they qualify to own specific types of property such as bank accounts and cars.
        • Creating a guardianship would allow the guardian to take control of the assets until the child is of age.
        • Depending on your state, the Uniform Transfers to Minors Act would also allow another adult to be the custodian for your child’s property until they reach the age specified by your state. Generally, the form would having the following language: 

“I, _____, hereby transfer to _____(name of adult custodian), as custodian for __________ (name of child) [until age ___] under the [state] Uniform Transfers to Minors Act, the following: _____(describe your gift).

If ____ (name of adult custodian) is not able to serve as custodian, I appoint ______ (name of alternate adult custodian) to serve in their place.”

  • “Emancipation” statutes for minors over a certain age in most states would allow them to petition the court to legally be treated as an adult. This means the minor would be allowed to fully own all property in their name and enter into legally-binding contracts. In order to be emancipated, the minor would need to show they are capable to handle their own financial and health-related affairs.


Sample documents:

  • Warrant sample: 
    • BE AWARE. There are two forms of warrants that could be presented. The first one shown below is from the Department of Homeland Security which does NOT allow agents to enter your home as it is signed by an immigration officer and NOT a judge. The second warrant shows a judicial search warrant which DOES authorize agents to enter your home. Be sure to read that the address on the warrant matches YOUR address, and that the date for the warrant does not exceed 14 days.

  • Administrative warrant: This warrant is issued by a federal agency such as the Department of Homeland Security and can be signed by an “immigration judge” or an “immigration officer”. This warrant does NOT allow agents to enter your home.

  • Judicial warrant: This warrant is issued by a judicial court, authorizing law enforcements to make an arrest, a seizure, or a search.



Guardianship information:

  • Consider appointing a “temporary” guardian to care for your child(ren) if you are detained or the sole custodian is unable to care for the child(ren). The “guardianship election form” document below should be filled out and notarized to authorize the temporary guardian to make decisions about medical and dental care, education, and travel for the child(ren). 
  • Have this document prepared at any time as a precaution seeing as the temporary guardianship will not be considered until something happens to prevent the parent from caring for the child. Furthermore, a parent may revoke the temporary guardianship and select someone else as temporary guardian for the child by completing and notarizing a new guardian election form. 

Please be advised that this is a sample based on the laws of the State of Maryland. The requirements for electing a guardian may vary considerably from state to state. Please consult an attorney licensed to practice law in your state to make certain that your guardianship election form meets the applicable requirements.

POWER OF ATTORNEY AND DESIGNATION OF TEMPORARY GUARDIAN FOR MINOR CHILD

We, _________________________________ and ______________________________, the father and mother of our child, _________________________________ (“our child”), appoint and authorize ______________________________________ to serve as the Guardian of the person and property of our child at any time neither of us is available to exercise the author‐ ity provided for herein.

If _________________________ is not able or willing to serve as our child’s Guardian, we appoint ____________________________ to serve as our child’s Guardian instead.

We hereby authorize the Guardian to exercise any and all rights and responsibilities and do any and all acts appropriate for a legal Guardian of a minor child including, but not limited to, the following:

1. Education. To enroll our child in the appropriate educational institutions, obtain access to our child’s academic records, authorize our child’s participation in school activities and make any and all other decisions related to our child’s education.

2. Travel. To make travel arrangements on behalf of our child for destinations both inside and outside of the United States of America by air and/or ground transportation; to accompany our child on any such trips; and to make any and all related arrangements on behalf of my child including, but not limited to, hotel accommodations.

3. Health Care. To inspect and disclose any information relating to the physical and mental health of our child; to make any and all health care decisions; to sign documents, waivers and releases required by a hospital or physician; to authorize our child’s admission to or discharge from any hospital or other medical care facility (including transfer to another facility); to consult with any provider of health care; to consent to the provision, withholding, modification or withdrawal of any health care procedure; and to make any and all other decisions related to our child’s health care needs.

The Guardian may exercise any of these powers at any time that neither of us is available to exercise such authority. Any person may deal with the Guardian in full reliance that this Power of Attorney and Designation of Temporary Guardian for Minor Child has not been revoked and that neither of us is available to exercise the authority provided for herein, if the Guardian submits a written statement to that effect.

STATEMENT OF ADDITIONAL DESIRES, SPECIAL PROVISIONS AND LIMITATIONS

____________________________________________________________________________________________________________________________________________________________________________________________________________________________________ This Power of Attorney and Designation of Temporary Guardian for Minor Child shall not be affected by our disability or incapacity. The authority granted herein shall continue during any period while we may be disabled, incapacitated or unavailable.

We are emotionally and mentally competent to make this Power of Attorney and Designation of Temporary Guardian for Minor Child, and we understand its purpose and effect.

Notwithstanding the foregoing, this Power of Attorney and Designation of Temporary Guardian for Minor Child shall not be construed as a waiver of our parental rights, and we retain the right to revoke this Power of Attorney and Desig‐ nation of Temporary Guardian for Minor Child at any time.

WITNESS:

______________________________
Print Name: ____________________
Date:  _________________________

______________________________
Print Name: ____________________
Date:  _________________________

______________________________
Print Name: ____________________
Date:  _________________________

______________________________
Print Name: ____________________
Date:  _________________________

STATE OF [_______________]: TO WIT

I hereby certify that on this _________ day of ______________________, 2025, before me, the subscriber, a Notary Public of the jurisdiction aforesaid, personally appeared

___________________________ and _______________________ and acknowledged the foregoing Power of Attorney and Designation of Temporary Guardian for Minor Child to be their act and deed.

As witness my hand and notarial seal. ______________________________ Notary Public My Commission Expires: ________

ACCEPTANCE OF DESIGNATION AS GUARDIAN FOR MINOR CHILD

I, ___________, hereby acknowledge that I have been designated to serve as the Guardian of the person and property of ___________by his/her parents, _____________and ______________, pursuant to the foregoing Power of Attorney and Designation of Temporary Guard‐ ian for Minor Child. I hereby accept said designation as the Guardian of the person and property of ______________ and agree to begin serving in such capacity at any time neither of ______________and ___________ is available to exercise the authority provided for therein.


Checklist: Get Prepared

  • Who will the emergency contact be?
    • Think of someone reliable. It is important for people at risk of detention to memorize this phone number. This will activate your family and network. 

  • Review personal/family documentation and initiate the process of obtaining any missing paperwork.  

  • When all original documentation is gathered, remember to translate all documents into English, make copies and keep them with a trusted person outside of home. Original documents to obtain:
    • Identify documents 
    • Marriage and divorce certificates
    • School records 
    • Financial documents 
    • Deeds, title of cars, insurance documents, income tax returns,
    • Criminal documents 
    • Immigration history 
    • Medical history

  • If there are children involved, plan for their care and needs:
    • Consider existing protective orders before making any decisions on children's care. 
    • Get consultation with an immigration attorney or legal representative.  
    • Save money. 

  • Do not carry foreign identification documents, such as a foreign passport, with you, as these documents may be used against you.

  • Carry with you evidence of having been in the U.S. for longer than two years. You may want to carry copies with you so as not to risk losing your originals. Share this evidence if you have been taken into custody. Examples include: 
    • Mail that you received at your home address with a postmark.
    • A signed lease.
    • Church or school records with your address. 


Guardianship information:

  • What is Child Guardianship? Guardianship refers to the legal responsibility given to someone to care for and make decisions for a child, especially regarding their education and healthcare. The specifics of guardianship vary by state, but the main role of a guardian is to ensure the child’s safety and well-being.

  • Temporary Guardianship of a Child: Temporary guardianship allows someone other than the child’s parent to take care of the child for a short period. This can happen in emergency situations when the child’s health or safety is at risk, or when the child’s parents are temporarily unavailable. For example, temporary guardianship may be needed if:
    • The parents are traveling for an extended period.
    • The parents are dealing with a short-term illness or disability.
    • A guardian is needed until a permanent one is appointed.
    • Typically, temporary guardianship lasts no more than six months, though the court may set a specific time frame for how long it lasts.

  • How to Become a Guardian: To become a legal guardian, you must follow the steps set by the court in the area where the child lives. Generally, the process includes:
    • Filing a petition: The person who wants to become the guardian must file a petition with the court.
    • Investigation: A court investigator may interview the prospective guardian, and sometimes the child, to ensure that guardianship is in the child’s best interest.
    • Court Hearing: A judge will review the petition and any findings from the investigation before making a decision. The judge will consider several factors, including:
      • Whether the guardianship is in the child’s best interest.
      • Results from background checks (criminal and child abuse checks) for the potential guardian.
      • The child’s wishes about living with the proposed guardian.
      • The prospective guardian’s understanding of the permanent nature of guardianship.

  • How Many Guardians Can a Child Have? A child can have more than one guardian, known as co-guardians. However, while parents can technically name multiple guardians, it’s often best to have one or two to avoid conflicts and instability for the child. Courts usually allow up to two guardians.

  • When to Speak with an Attorney: Deciding to appoint someone as a guardian or becoming a guardian is a serious decision that affects the child’s future. If you’re considering guardianship, consulting a lawyer can help clarify the process. A lawyer can answer your questions, explain what guardianship entails, and help guide you through the legal steps to ensure everything goes smoothly.


Commentary on Notary Publics

A Notary Public is a public servant and officer of the state who is authorized to:

  • Take acknowledgements.
  • Take depositions. 
  • Certify copies of documents not recordable in public record.
  • Administer oath.

  • The primary duty of a Notary Public is to show that he/she, acting as a disinterested party, has noted that the signer of a document understands the importance of what he/she is signing, that the signature is that of the signer, and that the document was signed willingly. The signature and seal of the Notary Public in and of themselves do not provide proof of these facts, but they do allow people in trade and commerce to rely on Notary Public as a third party who has no personal stake in the transaction.

  • If you need something notarized, do the following when you seek a Notary Public:
    • Search for a notary through the American Society of Notaries or somewhere reputable such as your bank or tax preparation company.
    • Make sure the notary is authorized to notarize your document by asking to see the actual stamp imprint and the validity year.
    • Once your document has been stamped, make sure the notary’s name, commission number, and the date when the commission expires are visible.

  • About Notary Fraud
    • The American Bar Association explains that it is important to note that some notaries who present themselves as qualified to offer legal advice or services related to immigration and other legal matters do not always have such qualifications and routinely victimize members of immigrant communities. Such representatives may include statements that 
      • The individual is an attorney.
      • The individual is authorized to represent immigrants before the United States Citizenship and Immigration Service (USCIS), or before immigration courts.
      • The individual is a legal assistant.
      • The individual is qualified to assist in preparing a will, corporate document or other legal paperwork.
    • Misrepresentation of legal qualifications can have serious consequences for immigrants, including missed deadlines, deportation, and legal liability from false claims. Additionally, immigrants may lose significant money by paying for services from unqualified individuals. To avoid these risks, it’s vital to seek assistance only from licensed professionals.


Stand in Solidarity:

Raising awareness

  • Become an active member of your local rapid response team 
  • Be a good ally 
  • Hold meetings to educate community members 
  • Explore advocacy and messaging strategies 
  • Report any possible illegal or abusive practices by ICE or if any law enforcement agency 

Advocating for legislative solutions

  • Write to your members of congress and inform them of what is happening in your community and how it is affecting you. 
  • Advocate for state and local policies that protect the rights and dignity. 


Resources

Contact embassy and/or consulate of your home country and they will direct you to how to get documents like birth certificates, passports, and/or matricula consular (Consular identification card)

1. Mexico

  • Consulados / Consulates:
    • Los Angeles, CA: (213) 351-6800
    • Chicago, IL: (312) 738-2383
    • Houston, TX: (713) 271-6800


2. El Salvador

  • Consulados / Consulates:
    • Dallas, TX: (214) 637-1500
    • San Francisco, CA: (415) 771-8524


3. Guatemala

  • Consulados / Consulates:
    • Los Angeles, CA: (213) 365-9251
    • Houston, TX: (713) 953-9531


4. Honduras

  • Consulados / Consulates:
    • New Orleans, LA: (504) 522-3118
    • Miami, FL: (305) 269-4840


5. Colombia

  • Consulates:
    • Miami, FL: (305) 448-5558
    • New York, NY: (212) 798-9000


6. Venezuela

  • Embassy of Venezuela
    (Limited services due to current diplomatic status)
    Consulates: Contact community support networks.


7. Cuba


8. Nicaragua

  • Consulates:
    • Los Angeles, CA: (213) 252-1170
    • Houston, TX: (713) 789-2762


9. Peru

  • Consulados / Consulates:
    • Paterson, NJ: (973) 278-3324
    • Los Angeles, CA: (213) 651-0636


10. Ecuador

  • Consulados / Consulates:
    • New York, NY: (212) 808-0170
    • Chicago, IL: (312) 338-1002

11. Brazil

  • Consulados / Consulates:
    • Boston, MA: (617) 542-4000
    • San Francisco, CA: (415) 981-8170


12. Argentina

  • Consulado / Consulates:
    • Miami, FL: (305) 373-1889
    • Los Angeles, CA: (323) 954-9155


13. Bolivia

  • Consulates:
    • Los Angeles, CA: (213) 388-0475
    • Miami, FL: (305) 358-3434


14. Paraguay


15. Uruguay


16. Haiti

  • Embassy of Haiti in Washington, D.C.
  • Address: 2311 Massachusetts Ave., N.W., Washington, D.C. 20008
  • Phone: +1 202-332-4090
  • Fax: 202-745-7215
  • Email: amb.washington@diplomatie.ht
  • Consular Section Phone: +1 240-219-9042
  • Jurisdiction: Alaska, Delaware, Hawaii, Maryland, North Carolina,
  •  Address: 815 2nd Avenue, 6th Floor, New York, NY 10017
  • Phone: (212) 697-9767
  • Fax: (212) 681-6991
  • Email: cg.newyork@diplomatie.ht
  • Jurisdiction: Connecticut, New Jersey, Pennsylvania

Consulate General of Haiti in Miami

  • Address: 259 South West 13th Street #3, Miami, FL 33130
  • Phone: (305) 859-2003 or (305) 859-2004
  • Fax: (305) 854-7441
  • Email: cg.miami@diplomatie.ht
  • Jurisdiction: Alabama, Louisiana, Mississippi, Tennessee, Texas, Puerto Rico, Virgin Islands

Consulate General of Haiti in Boston

  • Address: 333 Washington St., Suite 851, Boston, MA 02108
  • Phone: (617) 266-3660, (617) 266-3707
  • Fax: (617) 778-6898
  • Email: cg.boston@diplomatie.ht
  • Jurisdiction: Maine, New Hampshire, Rhode Island, Vermont

Consulate General of Haiti in Chicago

  • Address: 11 East Adams Street, Suite 1400, Chicago, IL 60603
  • Phone: (312) 922-4004
  • Fax: (312) 922-7122
  • Email: cg.chicago@diplomatie.ht
  • Jurisdiction: Indiana, Iowa, Kansas, Kentucky, Michigan, Minnesota, Missouri, Ohio, Wisconsin

Consulate General of Haiti in Orlando

  • Address: 1616 East Colonial Drive, Orlando, FL 32803
  • Phone: (407) 897-1262
  • Fax: (407) 897-8163
  • Email: cons.orlando@diplomatie.ht
  • Jurisdiction: Florida

Consulate General of Haiti in Atlanta

  • Address: 2911 Piedmont Road North East, Suite A, Atlanta, GA 30305
  • Phone: (404) 228-5373
  • Fax: (404) 748-1513
  • Email: cg.atlanta@diplomatie.ht
  • Jurisdiction: Georgia, North Carolina, South Carolina


17. Dominican Republic Embassy and Consulates

Embajada de la República Dominicana/Embassy of the Dominican Republic
Dirección/Address: 1715 22nd Street, NW, Washington DC 20008
Teléfono / Phone: (202) 332-6280

Consulado General de la República Dominicana en Chicago/Consulate General of the Dominican Republic in Chicago
Dirección/Address: 871 N. Franklin St., Suite 600, Chicago, IL 60610
Teléfono / Phone: (312) 583-0600

Consulado General de la República Dominicana en Glendale/Consulate General of the Dominican Republic in Glendale
Dirección/Address:  1041 N. Central Ave., Glendale, CA 91202
Teléfono / Phone: (818) 550-8900

Consulado General de la República Dominicana en Miami/Consulate General of the Dominican Republic in Miami
Dirección/Address:  1021 SW 27th Ave, Miami, FL 33135
Teléfono / Phone: (305) 854-5191

Consulado General de la República Dominicana en Nueva Orleans/Consulate General of the Dominican Republic in New Orleans
Dirección/Address:   3234 N. Causeway Blvd., Suite 1210, Metairie, LA 70002
Teléfono / Phone: (504) 883-8267

Consulado General de la República Dominicana en Nueva York/Consulate General of the Dominican Republic in New York
Dirección/Address:   1501 Broadway, Suite 1210, New York, NY 10036
Teléfono / Phone: (212) 768-2480

Consulado General de la República Dominicana en San Juan/Consulate General of the Dominican Republic in San Juan
Dirección/Address: 1810 Ave. Ponce de León, San Juan, PR 00909
Teléfono / Phone: (787) 725-5030


Click on the LULAC Shield to download the entire document in PDF format


Organizations:

Tarjetas Rojas/ Red Cards:

Línea directa de asistencia a inmigrantes/ Immigrant Assistance Hotlines:

Cómo encontrar detenidos en un centro de detención por nombre / How to find detainees in a detention center by name:

Diferencia entre Orden Administrativa y Judicial/ Difference between Administrative and Judicial Warrants

Abogados Pro Bono/ Pro Bono Lawyers:

Aprende mas sobre Notarios/ Learn more about Public Notary;

Para aprender mas/ To learn more:

  • Conoce Tus Derechos!/ Know Your Rights
drive.google.com/file/d/1Mv0MBqylsB2OMXH9s31MTxXJ3iohZTM9/view

Atención Médica Gratuita o de Bajo Costo/ Health Care for Free or Low Cost:


Important Terminology:

  • Attorney 
    • Attorneys advise and represent clients during civil or criminal cases. They provide professional advice, prepare documents, and appear in court to plead on behalf of their clients. They explain legal issues, advise clients on litigation involving them, and research all case elements, including official documentation including a police report. They pay close attention to the legal system elements that pertain to the client's case and search for relevant, previously filed pleadings.

  • Contemporaneous Notes:
    • Notes made at the time or shortly after an event occurs. They represent the best recollection of what you witnessed and can be used in court if they are taken correctly.

  • Deportation: 
    • The removal of a person from a country, usually because they have violated immigration laws.

  • Due Process: 
    • Protection against being deprived of life, liberty, or property without following a fair procedure established by the existing rules

  • Expedited Removal:
    • If ICE or CBP arrests someone inside the U.S. (not at the border), they usually get a chance to see an immigration judge before being deported. "Expedited removal" lets the government deport someone quickly if they think the person is undocumented, without a judge’s review. The only exception is if the person says they fear returning to their country and passes an interview, which could allow them to apply for asylum.

  • Green Card: 
    • A Green Card holder is a permanent resident that has been granted authorization to live and work in the United States on a permanent basis. As proof of that status, U.S. Citizenship and Immigration Services (USCIS) grants a person a permanent resident card, commonly called a "Green Card." You are required to have your green card on you at ALL TIMES as a legal permanent resident.

  • Health Insurance Portability and Accountability Act (HIPAA): 
    • A U.S Act of Congress aimed at prohibiting healthcare providers and businesses called covered entities from disclosing protected information to anyone other than a patient and the patient’s authorized representatives without their consent

  • ICE (Immigration and Customs Enforcement): 
    • ICE, an agency of the Department of Homeland Security, its other duties, manages the detention of individuals who are accused of breaking immigration laws in the United States or at its borders. Under U.S. immigration law, ICE is required to detain some foreign-born individuals it encounters in the U.S. when they are in violation of their immigration status. In addition, ICE has the option to detain individuals who are placed in immigration proceedings or who are in the process of being removed from the U.S.

  • “Red Card” 
    • All people in the United States, regardless of immigration status, have certain rights and protections under the U.S. Constitution. The “Red Cards” help people assert their rights and defend themselves in many situations, such as when ICE agents go to a home.

  • Notary:
    • A Notary Public is an official appointed by a state government to serve the public as an impartial witness during notarizations. As ministerial officials, they are expected to follow statutory rules without the exercise of significant personal discretion.

  • Power of attorney: 
    • A power of attorney is accepted in all states, but the rules and requirements differ from state to state. A power of attorney gives one or more persons the power to act on your behalf as your agent. The power may be limited to a particular activity, such as closing the sale of your home, or be general in its application. The power may give temporary or permanent authority to act on your behalf.

  • Warrant: 
    • Search Warrant: A search warrant is a warrant signed by a judge authorizing a law enforcement officer to conduct a search on a certain person, a specified place, or an automobile for criminal evidence.
    • Arrest Warrant: An arrest warrant is a document issued by a judge that authorizes the police to take someone accused of a crime into custody. An arrest warrant is issued by the competent authority upon a showing of probable cause, which means a warrant may be issued if a reasonable person would believe the information at hand is   sufficient to suggest criminal activities.


The specific requirements and procedures can vary significantly depending the relevant laws in your jurisdiction and the specific circumstances of your situation. It is crucial to consult with a qualified professional to understand the specific requirements and procedures that apply to your individual case.