Rights As An Undocumented Immigrant
by: Political Asylum Project of Austin (PAPA)
Right to Remain Silent
Immigrants, including undocumented immigrants, have many of the same constitutional rights as U.S. citizens. Under the 5th Amendment to the U.S. Constitution, every person has the right to remain silent when questioned by a government agent. A person cannot be arrested for simply refusing to answer questions or refusing to identify her/himself (but a person stopped while driving must show her/his license).
Right to Be Free from Unreasonable Searches and Seizures
The 4th Amendment gives every person the right to be free from unreasonable searches and seizures by government agents. Except in rare emergency situations, no police officer or immigration agent can enter and search a person's home without her/his consent or without a valid search warrant. In such a case, a person has the right to refuse their entry.
If a person is arrested in your house, they can only search the area near the person. In such a situation, they can only search other areas in the house if they have a valid search warrant for those areas. Even if the officers have a valid search warrant, a person should not give her/his consent to the search, which will limit the search only to the areas the warrant describes. This is important because a person can challenge any unlawful search that may lead to her/his arrest and detention.
If a person is stopped on the street, the police can only search the person if they have reason to believe that s/he has a weapon. A person has the right to refuse any search on their body beyond a weapon's search. A person also does not have to answer any questions while stopped by a police officer or an immigration agent, even questions about her/his immigration status.
Right to an Attorney
Finally, the 6th Amendment provides every person the right to have the government provide an attorney at its own expense in a criminal proceeding.
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