Know your rights: A comprehensive resource guide for immigrants and allies in Memphis

Remember: Regardless of citizenship status or nationality, every person present in the United States is afforded certain rights and protections under the U.S. Constitution. Memphis-based legal advocate Casey Bryant describes the Constitution as a “social contract.”

“It sets out rules for how we behave, how we protect each other and how we live together,” she said. “One of the things that we care about that is really rooted in this document is freedom.”

The Constitution – written almost 240 years ago – includes 27 amendments. Each one lists core protections, including:

• The freedom of expression through religion, speech, press, peaceful protest and the process of petition
• The right to bear arms as a form of self-defense against violence and tyranny 
• The right to have personal liberty and private property without unreasonable searches and seizures
• Protections against self-incrimination, also known as the right to remain silent 
• The right to due process, or requiring the government to follow certain legal procedures to ensure fairness before taking a person’s freedom or property 
• The right to a fast, public trial by an impartial jury, the right to be aware of the charges, the right to have a lawyer and the right to have and confront witnesses during a trial 
• Protection from excessive bail and fines, and cruel and unusual punishments
• Abolishment of slavery, except for the punishment of a crime
• Citizenship is granted to all people born or naturalized in the U.S., with equal protection under the law granted to all people
• The right for each citizen, 18 and older, to vote, regardless of race or gender and without poll tax fees
• A set limitation of two terms that a U.S. president can hold office

“Even if it was written a long time ago, (the Constitution) still holds, and it makes sure that we all have these freedoms,” Bryant said.

All students, regardless of citizenship or immigration status, have the right to enroll in free, public school. Students have the right to be protected from bullying, harassment and hateful behavior, and school officials are legally obligated to intervene and address such instances. Unless required by a subpoena or court order, school officials cannot release student records to law enforcement officials without the signed consent of a parent or guardian.

In May, Memphis-Shelby County Schools passed a “safe zone” resolution to prevent ICE from raiding schools. In the case of an encounter with ICE or other federal agents, schools should have clear, well-defined safety plans in place – including training all staff, documenting actions, designating point people and having attorneys on call to review any legal documents.

Important to know:

• School officials are not required to allow ICE access into the building unless they present a specific type of document, called a judicial warrant.
• Your child should be equipped with a “know your rights” card and emergency phone numbers, like an immigration attorney and trusted family members and friends.
• Teach your child to remain silent and not sign any documents in the event they are detained or questioned by ICE or other law enforcement officers.
• Do not give your child false documents, like a fabricated birth certificate, passport or identification card. 
• Have a family emergency plan in place in the event of an arrest.

Sources: National Education Association, National Immigration Law Center, ACLU Immigrants’ Rights Project, American Federation of Teachers, Immigrant Legal Resource Center

Like all workers, immigrant laborers are protected under federal law and have the right to be paid at least a minimum wage for all hours worked, including overtime, on time. Immigrants have the right to work in a safe environment free of harassment and discrimination and should be able to report such instances to their employer without concerns about retaliation.

ICE or other federal agents have the right to enter public spaces. However, officers cannot enter a workplace’s private space – like a restaurant’s kitchen or an employee lounge – without consent from the employer or a signed judicial warrant. Immigrant workers can and should ask their employers to maintain an “ICE-free zone” in the workplace’s private, non-public areas.

ICE may show up at a workplace to conduct an I-9 audit, which is when authorities review workers’ documents to verify people’s identities and work authorizations. 

In the event of an unexpected workplace raid, all employees, including undocumented immigrants, have:

• The right to remain silent when asked any questions or given any instructions
• The right to say “no” when asked for consent to search or to sign any documents
• The right to withhold identification documentation and information
• The right to contact an immigration attorney
• The right to document what is occurring during the raid

Do not run away. Do not present false information or documentation, which could give agents a legal reason to arrest you. Always carry a copy of a valid federal immigration document, like a green card or work visa. Have a family emergency plan in place in the event of an arrest.

Sources: Tennessee Immigrant and Refugee Rights Coalition, AFL-CIO, National Immigration Law Center, Immigrant Legal Resource Center 

If police officers, sheriff’s deputies, ICE agents or other federal officers appear at your home…

Do not:

• Open the door or invite officers into your home
• Sign any documents or answer any questions
• Provide false information, fabricated documents or lie

Do:

• Try to remain calm and clear-headed
• Request to speak with an attorney
• Tell the officers that you are using your constitutional right to remain silent. You are not required to comply if asked to answer questions, provide identification or any other paperwork.
• Request and document officers’ names, badge numbers and agencies
• Take photos or record audio or video of the encounter
• Request copies of signed judicial warrants and agency identification to be slid under the closed door
• Know the difference between a judicial warrant and an administrative warrant.

A judicial warrant, also known as a court order, must be signed and issued by a judge and a federal court. This is the only document that ICE and other federal agents can have to authorize access into a home. 

Check to see if the correct address is listed. If not, agents do not have the right to enter. 

An administrative warrant or order is a different type of document, issued by ICE or DHS. This document does not authorize agents to have access to a home.

Always ensure all doors, windows and gates are closed and locked. Have a family emergency plan in place in the event of an arrest. Post “no trespassing” signs and “know your rights” flyers on your property or front door. If officers force their way into the home, try to remain calm, don’t answer any questions, and repeatedly request to speak to an attorney.

Sources: Catholic Legal Immigration Network, Inc., ACLU Immigrants’ Rights Project, United We Dream Network, Enlace Latino NC, Tennessee Immigrant and Refugee Rights Coalition, Immigrant Defense Project, Immigrant Legal Resource Center

Always carry a valid driver’s license, identification cards, updated motor vehicle registration and insurance cards. Undocumented people may also carry identification documents from other countries, but do not present these records to authorities during a traffic stop as it could be used to prove an unauthorized immigration status.

If trailed by police or ICE while driving…

• Stay calm, safely pull over, park and turn off the vehicle once the authorities make it clear they are conducting a traffic stop.
• Turn on the vehicle’s internal light, slightly crack the driver’s side window to allow for conversation and place your hands on the steering wheel.
• Officers must have reasonable suspicion or probable cause to conduct a traffic stop. You may ask why you were stopped, ask officers to identify themselves and their agencies and ask if you are free to leave.
• You have the right to ask if the officers or agents have a warrant. If so, you can request to see it.
• Provide your driver’s license, car insurance and vehicle registration when asked. Passengers do not have to provide identification. Do not lie, and do not provide false documentation.
• Exercising your constitutional right to remain silent and requesting an attorney are the safest options when you don’t have the proper identification or are unsure of what to do.
• Do not provide identification documents from other countries, like a foreign passport.
• Do not sign any documents or answer questions about your immigration status or nationality.
• You do not have to consent to being fingerprinted, searched or patted down.
• You have the right to leave once the authorities make it clear you are not under arrest.

As a matter of safety, have a prepared family emergency plan in place in the event of an arrest. Memorize phone numbers of trusted family members and friends and an immigration attorney.

Sources: Catholic Legal Immigration Network, Inc., ACLU Immigrants’ Rights Project, Immigrant Defense Project, Tennessee Immigrant and Refugee Rights Coalition, Immigrant Legal Resource Center

When it comes to immigration proceedings, Casey Bryant, founder and executive director of the nonprofit law firm Advocates for Immigrant Rights, says there’s a sort of loophole built into the immigration court process. 

The Executive Office for Immigration Review, which is the federal government’s system for managing immigration proceedings, is an administrative court – meaning people going through the system aren’t necessarily afforded the same rights as people going through criminal court. Once someone is ensnared in immigration court, for example, that person isn’t guaranteed a lawyer or even a public defender.

“There’s no right to an attorney, so an infant has to represent themselves,” Bryant said. “With the outcome of immigration proceedings, the consequences can be life-altering.” There are still avenues for protecting yourself once you are in the court system.

• You have the right to oppose and appeal the dismissal of your immigrant case, which could leave you at risk of being arrested and deported. If desired, when in court, tell the judge you reserve the right to appeal.
• If you fear violence or persecution in your country, tell the judge at the hearing or the agent during an arrest. You may have the right to apply for asylum and withholding of removal. If given the opportunity, create a detailed document describing your fears and request a “credible fear” interview explaining your concerns with the proper personnel.
• If you are representing yourself in court, you can request that your removal proceeding be changed from in-person to online by following this detailed, step-by-step guide. If needed, consult with a trusted family member or friend to translate and consult with an immigration attorney to double-check that the procedure is being followed correctly.
• In preparation for the worst-case scenario, have a prepared family emergency plan in place to protect yourself, your children and your loved ones. Memorize phone numbers of trusted family members and friends and an immigration attorney.

Sources: Vecindarios901, National Immigrant Justice Center, National Immigration Project, Immigrant Legal Resource Center

In the event of an arrest or deportation, here are some steps to protect yourself and your loved ones:

• Organize your personal documents. Store all original copies in a safe and secure place, and store copies of these documents with someone you trust in the event of an emergency.
• Carry with you at all times important information, such as loved ones’ phone numbers, children’s schools, trusted points of contact, and vital medical and medication information.
• Meet with a verified, trusted immigration attorney to discuss specific needs related to you and your family’s situations.
• Plan ahead of time for financial needs, childcare needs and medical needs.
• Make a childcare plan and discuss it with your children and those you trust to care for them in your absence.

Review this guide by the Immigrant Legal Resource Center and these guides (English and Spanish) by the Tennessee Immigrant and Refugee Rights Coalition to create a plan that works best for you and your family.

The information below provides an incomplete list of attorneys and organizations that provide legal and community support to immigrants in Memphis.

• Advocates for Immigrant Rights, 901-729-9560, if detained 901-206-4440
• AJR Immigration Law, 901-238-6652
• Asha’s Refuge, 901-500-9200
• Axelrod Immigration Law, 901-587-8667
• Cobb Law Group, 615-649-0049
• Community Legal Center Immigrant Justice Program, 901-543-3395
• Donati Law Firm, 901-209-5500
• EH Law Group, 901-620-6075
• Fisher Phillips Law Firm, 901-526-0431
• Hurst Immigration Attorneys, 901-682-4640
• Kreis & Sykes Attorneys at Law, 901-866-9449
• Latino Memphis Derechos, 901-366-5882 
• Memphis 4 All/Memphis Para Todos, info@memphisforall.com
• Memphis Interfaith Coalition for Action and Hope, 901-249-0544
• Mid-South Immigration Advocates, 901-244-4367 (English) and 901-466-8819 (Spanish)
• Multinational Memphis, 901-832-9061
• Patrick Stegall, Attorney and Counselor at Law, 901-205-9894
• Refugee Empowerment Program, 901-500-3844
• Siskind Susser Immigration Lawyers, 901-682-6455
• Su Casa Family Ministries, 901-320-9833
• Tennessee Immigrant and Refugee Rights Coalition, 615-414-1030
• The Frager Law Firm, 901-763-3188 (Business hours) and 901-763-3180 (24 hours)
• The Law Offices of Jamie B. Naini, 901-377-9700 
• Vecindarios 901, 901-329-7979
• World Relief Memphis, 901-341-0220

Sources: Immigrant Legal Resource Center, Tennessee Immigrant and Refugee Rights Coalition, Memphis Interfaith Coalition for Action and Hope, Immigrant Legal Resource Center, Latino Memphis, Immigrant Defense Project, National Immigrant Justice Center

Report any suspected sightings of ICE, other federal agents and state troopers to Vecindarios901 by calling or texting 901-329-7979. Follow them on Facebook to stay informed about ICE activity and to sign up for volunteer training opportunities.

Get involved with local pro-immigrant organizations like the Memphis Interfaith Coalition for Action and Hope, Memphis 4 All/Memphis Para Todos, Tennessee Immigrant and Refugee Rights Coalition, Advocates for Immigrant Rights, Latino Memphis, Mid-South Immigration Advocates, etc.

Demand transparency from your local elected officials, like the Memphis mayor’s office, the Shelby County mayor’s office, the Memphis City Council, the Shelby County Board of Commissioners, the Shelby County Sheriff’s Office, the Memphis-Shelby County School Board and more.