HOUSTON – As Texas continues to be at the forefront of immigration enforcement, understanding your rights is essential during encounters with law enforcement or Immigration and Customs Enforcement (ICE).
With ongoing discussions about immigration policies, including President Donald Trump’s proposed deportation plan, those living in Texas need to stay informed and prepared.
Even U.S. citizens are being caught up in these situations, raising concerns in the Houston area.
READ: Mexican border states prepare migrant shelters as Trump begins deportation campaign
While de-escalation is the responsibility of law enforcement, remaining calm and aware of your rights can help protect your safety.
KPRC 2′s Ricky Munoz spoke to immigration lawyer Mairim Alonso to explain what type of documents you should have to be ready.
“If you get stopped by a police officer or an ICE officer, your driver’s license and proof of your legal status in the country, just to make it easy on you,” Alonso said. “And that proof can be a copy of your naturalization certificate. It can be your passport, U.S. passport, or it can be the passport card. But with the REAL ID Act in Texas, the driver’s license itself may be sufficient. But if you just want to be extra cautious, then just have an additional documentation of the ones that I mentioned with you to avoid having to explain yourself.”
Here’s a guide tailored by the American Civil Liberties Union of Texas for those living in Texas:
- Stay calm and polite: Avoid arguing, running, or resisting. Keep your hands visible and remain respectful.
- Know your right to remain silent: You don’t have to answer questions about your citizenship or birthplace. Simply state, “I wish to remain silent.”
- Ask if you’re free to leave: If allowed, walk away calmly and quietly.
- Refuse searches: You can deny consent for a search of your person, belongings, or vehicle unless police have a warrant or probable cause.
During a traffic stop
- Pull over safely, turn off your engine, and keep your hands on the wheel.
- Provide your driver’s license, registration, and proof of insurance when requested.
- Passengers also have the right to remain silent and may ask if they’re free to leave.
If questioned about immigration status
- You are not required to answer questions about your citizenship or how you entered the country.
- Non-citizens should provide valid immigration documents if asked.
- Never lie or present false documents.
When police or ICE visit your home
- Do not open the door unless officers have a warrant signed by a judge. Ask to see it through a window or to have it slid under your door.
- Warrants must specify your address or name and outline the purpose of the search or arrest.
- If speaking to officers, step outside and close the door behind you. Do not lie or give false information.
If you are arrested
- Comply with commands and avoid resisting, even if you believe the arrest is unfair.
- Provide your name, address, and birthdate, but refuse to answer other questions without a lawyer present.
- Request an attorney and avoid signing anything until you’ve received legal advice.
- You have the right to make a local phone call, and officers cannot listen if you’re speaking with a lawyer.
If taken into ICE custody
- Request legal representation, though the government will not provide one for immigration cases.
- Contact your consulate and provide your immigration number (“A” number) to family members.
- Do not sign any documents without consulting a lawyer.
Reporting police misconduct
- Document details such as badge numbers, patrol car numbers, and the officers’ agency.
- Gather witness contact information and photograph injuries if applicable.
- File a formal complaint with the department’s internal affairs or civilian review board. Anonymous complaints are often accepted.
Witnessing police misconduct
- Record events from a safe distance without interfering. Clearly display that you are recording.
- Police cannot legally confiscate or delete your recordings without a warrant.
- Write down key details, including the number of officers, their actions, and any injuries observed. Sharing your contact information with the affected person may assist them in filing a complaint or lawsuit.
These tips aim to help you stay informed and prepared while asserting your rights responsibly.
