Undocumented Aliens are a section of society that lives in fear in the shadows. They comprise a significant sector of the economy, and the United States would fall apart without their presence. Just in taxes alone, undocumented workers pay about 11.6 Billion dollars to the federal government every year. Recognizing the value of these individuals and their families to our society, many state and federal laws protect the board without reviewing immigration status.  

This article will explain your rights in specific scenarios where the local police or ICE approaches you. 

The Right to Be Free from Unreasonable Search and Seizure 

Many potential clients call our firm because ICE or local police came to their homes, and they were fooled into thinking they had to allow them to enter. We regularly advise clients to stop ICE from entering their homes unless the officer provides them with a copy of a warrant. Ninety percent of the time, these officers never have a warrant and will go away and not return.  

When these agencies enter your home, they do so under the legal theory of consent. They will ask you, ‘Is it okay if I can come in and take a look around?’ never advising you that you have the right to refuse. Most people, reacting out of fear, agree.  

The Right to Legal Counsel in your Immigration Interviews before a Judge or Officer 

As an undocumented alien, you still have the right to consult a lawyer in the following situations:  

• If the police arrest you, you can request a private phone call with your immigration lawyer or engage the free services of a government-appointed lawyer. 
• If you are detained by Border Patrol or TSA and traveling within the United States, when you are taken to secondary inspection, you should be careful in how you answer questions because anything you say is before the government and could be used against you later on.  
• If you have a hearing before a criminal or civil court judge, you must understand how your plea will impact your future immigration case or status in the United States. In immigration-friendly states like NJ, the judge is required to ask you if you have had time to consult with an immigration attorney to discuss your case before accepting a plea. 

The Right to a Divorce and Child Support  

Many women in abusive relationships feel they are part of a lost society that does not have systems to support them, but that is far from the truth. In most states, like NY and NJ, parties in divorce court are never asked what their immigration status is. We regularly advise men and women in abusive relationships to break free and build a better life by filing for divorce without fear of deportation or being found out.  

The same also goes for child support; undocumented spouses should ask for child support for their children even if they are not married. Most states will allow child support orders to be issued, even if there is no marriage and one or both parties are undocumented.  

DISCLAIMER: PLEASE ALWAYS SEEK THE ADVICE OF A PROFESSIONAL ATTORNEY BEFORE TAKING ACTION ON YOUR CASE TO MAKE SURE THE TIPS PROVIDED IN THIS POST PROPERLY APPLY TO YOUR NEEDS AND THE LOCAL LAWS OF YOUR STATE. DALAL AND MEHTA TAKE NO RESPONSIBILITY FOR THE INFORMATION DISTRIBUTED, AND NO ATTORNEY-CLIENT RELATIONSHIP IS BUILT FROM READING THIS ARTICLE.  

Published by: Martin De Juan