What are your rights as an immigrant in Philly? Here’s what to know

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As Philadelphia and its surrounding counties negotiate responses to President Donald Trump’s dramatic changes to immigration policy, advocates are reminding people with and without lawful statuses about their rights.

Rachel Rutter, an immigration lawyer and executive director of Project Libertad, said her advice to immigrants is the same as it has been under any other presidential administration.

“I think there’s a misconception that immigrants are fine … during all the other administrations, and that during Trump, all hope is lost,” Rutter said. “I think that attitude really hinders people from doing what they should be doing to best protect themselves and have the best outcomes for themselves and their families.”

Under Trump, Rutter said, there is “more fear mongering” and immigration enforcement is “more cruel and outward.” But that’s not the full story.

“People still have rights,” Rutter said. “People still have potential immigration options.”

Here’s what to know about your rights if you’re an immigrant and/or undocumented person in the Philadelphia region.

Talk to a lawyer

If you are uncertain about your status, or if you’re undocumented and concerned about ramped-up enforcement by Immigration Customs and Enforcement or Customs and Border Patrol agents, Rutter recommended first finding an immigration lawyer and speaking with them as soon as possible about your options.

“While there are a lot of people who don’t have any option to fix their status, there are also people who may have options and are just afraid to go talk to a lawyer, and they aren’t aware of their options,” she said. “So there’s no need to be living undocumented if you have some type of immigration option.”

After meeting with a lawyer, you can keep their contact information on file or memorize it. If you are detained by ICE or CBP, you can ask to contact your lawyer.

If you do not have an immigration lawyer, Rutter said you can find a list of trustworthy legal services on Project Libertad’s website.

Know your rights in interactions with ICE and CBP agents

If an ICE or CBP agent knocks on your door or business, or tries to enter a house of worship or school, you should know your rights.

ICE has a right to enter only if they have a judicial warrant signed by a federal immigration judge. You have a right to refuse entry if they do not have a judicial warrant.

“What they will sometimes show is an ICE administrative warrant, which basically is meaningless,” Rutter said. “It’s just a document that ICE themselves create, and they sometimes show that to people, and it kind of tricks people into thinking that they have a warrant when they don’t. So it’s really important to read the warrant carefully before letting them in your home, and it’s also important to not even open the door to ask for a warrant, because if you do that, they’re going to take that as permission to come in your home.”

For that reason, Rutter said, you should not open the door to see the warrant. Ask them to hold it up to the window or slip it under the door so you can verify that it is in fact a judicial warrant.

Rutter said you should look for three things to make sure it is a valid judicial warrant:

• Signature of federal immigration judge
• Correct name of person they’re seeking to detain
• Correct address

If there are any mistakes or misspellings, or even a missing apartment number, the warrant is invalid and they do not have a right to enter your house or building, she said.

If you are on the street or in a public setting, you also have a right to refuse a search of yourself or your belongings if agents do not have a judicial warrant or probable cause.

Cathryn Miller-Wilson, executive director of HIAS Pennsylvania, said non-immigrant community members should also be aware of these rights, especially for staff and teachers at schools. Since 2011, ICE had included schools and houses of worship on a list of “sensitive places” where they would not enter to make arrests. The Department of Homeland Security reversed that directive last week.

“Federal law enforcement, sure, they have a lot of power, but they don’t have more power than any other law enforcement official in the sense that you have to have a warrant, you have to have probable cause,” she said. “You can’t just run around and demand that you open your classroom doors.”

If you work in a school, you also have the right to refuse entry if ICE agents arrive without a judicial warrant.

“Once [staff and teachers] have the information, they can feel more secure in saying, ‘Look, I need to see your warrant,’” Miller-Wilson said. “You do it politely. You don’t do it with violence, but you know that [you] have certain rights to demand things.”

Immigrant rights’ organization Juntos has published more information on rights in interactions with ICE for anyone who works in a school or sends their children to school in the School District of Philadelphia.

If you’re detained

You have the right to remain silent. Rutter said you should first make a phone call to a trusted immigration lawyer.

“If you go to an attorney and they tell you you don’t have any options right now, you still want to have their phone number and contact information memorized so that you can call them in the event that you are detained,” Rutter said.

Your other rights if detained —per this list from local media organizations Equal Informed Philly and Madre Tierra, and immigrant rights organization Juntos — include:

• You have a right to call a lawyer and have a private telephone conversation with them.
• You have a right to refuse to sign documents or answer questions without an attorney present.
• You have a right to translation and interpretation in your preferred language.

Make an emergency plan

If you are fearful of being detained or deported, Rutter recommends making an emergency plan for children and family members so that you are prepared. More information is available at the organization’s website.