Know Your Rights Session

Welcome and Introductions

About LIRS LIRS is Lutheran Immigration and Refugee Service. Ministries of LIRS help… child migrants at risk, asylum seekers and torture survivors, and refugees.

About LIRS LIRS Ministries are made possible by… Lutheran churches, networks of service providers, and donors, volunteers and advocates. Visit LIRS online at

About Be Not Afraid Be Not Afraid is a project of LIRS. Be Not Afraid tools Know Your Rights Session Family Safety Planning Sessions Worship and Bible Study tools Raids Preparation tools Advocacy tools

Session Outcomes By the end of this session we will… know the basic rights of migrants and be able to apply those rights in common situations.

Session Overview During this session we will… discuss basic legal rights, discuss case studies from real-life situations, and practice applying rights in role-play situations.

Note The information in this session is general. We will not be able to address specific or personal questions in this session. Please talk to an immigration attorney or specialist about personal concerns.

Our Shared Circle I love chocolate. I have a pet. I have a large family. I wear glasses or contact lenses. I was born in another country.

Our Shared Circle I have relatives who live in another country. I can speak more than one language. I believe that a police officer’s job is to protect the community. I have faced some kind of discrimination. I believe that my legal and human rights, just like everyone else’s, should be respected.

Our Shared Circle What does it feel like when there are only a few in the circle/standing? What does it feel like when every one is in the circle/standing? What do we have in common?

Case Study #1 Discussion of Maria’s Story (Each small group will share its answer to one question with the large group) 1.Did Maria have any rights? If so, what rights? 2.Did the officers act lawfully in the way they entered Maria’s home and in the way they detained her? 3.What might Maria have done differently? 4.What questions do you have about the rights that could be applied in this situation?

Case Study #2 Discussion of Raid at Work (Each small group will share its answer to one question with the large group) 1.Did the workers have any rights? If so, what rights? 2.Do immigration officials have the authority to make workers identify who is the country legally or illegally? 3.What might they have done differently? 4.What questions do you have about the rights that could be applied in this situation?

Why We Need to Know our Rights Whether you are a permanent resident, a temporary visa holder or an undocumented immigrant, as an immigrant to this country, you may be stopped by police or immigration officials and questioned about your immigration status.

Why We Need to Know our Rights Some of you may be stopped because police officers think you look like an immigrant or because you are speaking another language.

The Good News Everyone has legal rights in this country, regardless of immigration status.

Where Confrontation Might Occur Police or immigration officials might confront you in your home, in a car, in a public place (such as in a school, in your neighborhood, in your church, or on the street) or at work

Four Basic Rights You have the right to remain silent. You have the right to see an arrest warrant. You have the right to speak to a lawyer. You have the right to make a phone call.

Being Confronted at Home Your home is the most private place you can be. Therefore, police can come into your home only if they have a warrant, you have given them explicit permission, or there is an extreme emergency situation.

About Warrants A warrant is a piece of paper signed by a judge that gives permission to any officer— police, ICE or FBI—to do something.

About Warrants In the example that we just talked about, the police have permission to enter your home only if they have a warrant, you’ve given them permission, or there is an extreme emergency situation. If the police do not have a warrant, then they may enter your home only if you give them permission.

About Warrants An arrest warrant will have the name of the person being arrested on it, and it will be signed by a judge. If it does not have a judge’s signature, then the police may not arrest you unless they have good reason to do so.

Being Stopped in a Car The police may stop a car only if –they have good reason to think that that car was involved in a crime, –they saw you commit a traffic offense, or –they have set up a road block to randomly inspect cars for a specific reason.

What are my rights if I am stopped by police while in a car? I have the right to remain silent. I have the right to see an arrest warrant. I have the right to speak to a lawyer. I have the right to make a phone call Being Confronted in a Car

What If… What if you give your name and the officer asks where you were born? You may remain silent. That is your right.

What If… What if the officer asks you to get out of the car? You may choose to get out of the car and remain silent.

What If… What if the officer asks you more questions? You have the right to remain silent.

What If… What if the officer starts yelling or suggesting that you are here illegally or committed a crime? You have the right to remain silent.

What If… What if the officer asks to see a passenger’s identification? That person also has a right to remain silent.

What If.. What if you are stopped in a car and choose to say nothing because of a traffic violation (for example, a speeding ticket or broken light)? The officer can give you a ticket and maybe impound your car. The officer cannot arrest you.

Being Confronted in a Public Place Officers may approach you in a public place to ask questions in a at any time. You do not have to answer their questions. If you are afraid to leave, you may ask, “Am I under arrest?” If they say, “No,” you may always walk away! Remember, you have the right not to answer any question.

Being Confronted in a Public Place To arrest you on the street without a warrant, an officer must believe you have committed a crime. If an officer does not have good reason, the officer may not arrest you.

What are my rights if I am stopped by police in a public place? I have the right to remain silent. I have the right to see an arrest warrant. I have the right to speak to a lawyer. I have the right to make a phone call. Being Confronted in a Public Place

What If… What if you give your name and the officer asks where you were born? You may remain silent. That is your right.

What If… What if the officer asks you more questions? You have the right to remain silent.

What If… What if the officer starts yelling or suggesting that you are here illegally or committed a crime? You have the right to remain silent.

What If… What if I ask, “Am I under arrest?” The officer must answer you. If the answer is no, you are free to walk away.

Being Confronted at Work Police officers or Immigration and Customs Enforcement (ICE) officers may come to your place of work anytime.

What are my rights if I am confronted at work? I have the right to remain silent. I have the right to see an arrest warrant. I have the right to speak to a lawyer. I have the right to make a phone call. Being Confronted at Work

What If… What if I am asked to show identification or immigration status paperwork? You have the right to remain silent.

What If… What if I am asked to line up according to my immigration/paperwork status? You have the right not to line up.

Case Study #3 Discuss the Postville Raid Which of the four rights did the workers use?

Our Rights in Action Video from Coalition for Human Immigrant Rights of Los Angeles

Role Play #1 Scenario A volunteer plays Mr. or Mrs. Khan and pretends to be asleep. The presenter plays a police officer and knocks on the door.

Role Play #1 Discussion Questions What rights does Mr. or Mrs. Khan have? What are her or his options?

Role Play #2 Scenario Two volunteers play a driver and passenger in a car The presenter plays a police officer and approaches the car.

Role Play #2 Discussion Questions What rights do they have? What are their options?

Role Play #3 Scenario Five volunteers play workers. The presenter plays an ICE agent and enters the workplace.

Role Play #3 Discussion Questions What rights do they have? What are their options?

Be Prepared Be prepared for an immigration confrontation by… keeping all important paperwork at home or other safe place. not carrying foreign identification documents with you. memorizing an important phone number of a friend, family member or attorney to call.

Be Prepared If you are arrested… remember your rights. remember that you have the right to ask to be released on bond. do not give any information to Immigration and Customs Enforcement (ICE) agents. Remind your family, because they will ask your family members questions, too. If you have any undocumented family members, advise them not to come to the jail or detention center to visit you. They could be detained too. ask to see attorney immediately.

What If... What if the officer or immigration agent offers you a deal and says that it will expire if you do not accept it now? Do not accept. Always consult with an attorney first before making a decision or signing anything.

What If... If you are arrested… what is the most important thing to remember? what would you do first?

Four Basic Rights You have the right to remain silent. You have the right to see an arrest warrant. You have the right to speak to a lawyer. You have the right to make a phone call.

Where Do Rights Apply? Rights apply… at home or in a car, in public places, at work, and anywhere you are in the United States.

What Is Important to Remember? What is important to remember if you are confronted… …at home? …in a car? …in a public place? …at work? …in general?

We Need Your Feedback Please fill out the feedback form to tell us how much the session helped or to make suggestions.

It’s Up to You You now have the tools you need to understand and apply your rights. Now it’s up to you… to know these rights and use them, and to see an attorney or immigration specialist for more information about your specific situation.

Closing Prayer