U.S. Immigration and Customs Enforcement has detained at least three Nashvillians, and there’s growing confusion and fear among our immigrant communities about Pres. Trump’s deportation plan. We spoke with Tennessee Immigrant and Refugee Rights Coalition staff attorney Sarah Subramanian to learn about what rights immigrants have, regardless of their status, and what to do if you encounter ICE at home or in the workplace. You can also listen to a summary of this discussion in Spanish and Arabic.
Undocumented Immigrant Rights
Everyone, regardless of their status, has rights under the U.S. Constitution. They include:
- The right to remain silent. You don’t have to answer any questions.
- The right to an attorney. In immigration proceedings, you’re not assigned an attorney like in criminal proceedings, and must find your own.
- The right to be secure in your home. If ICE knocks at your door, they must bring a warrant signed by a judge to come in. You don’t have to let them in if they don’t have a judicial warrant. TIRRC recommends you ask the agents to slide the warrant under the door and check to ensure it has your name on it, has the correct address, is signed by a judge, and comes from a Nashville District Court.
Advice for Immigrants
- If you’re unsure of your status or if you don’t know how protected you are, it’s always good to get a consultation from an immigration attorney to learn your status and what your specific risks would be.
- TIRRC recommends green card holders carry their immigration ID with them at all times.
- Never give ICE or any official false information or documents.
How Community Members Can Help
- Bystanders can best help by recording video of ICE encounters, which could be helpful later in litigation. Assess your risk before doing so, and record from a distance to ensure you’re not in their way.
- Rights are different in private spaces versus public spaces. ICE needs a warrant or consent to search in a private area, such as an employee-only area in a business, and owners don’t have to consent to these searches.
- Donate to one of the resources for immigrants below.
Resources for Undocumented Immigrants
- Tennessee Immigrant and Refugee Rights Coalition: English classes, citizenship classes and legal counsel, naturalization assistance, policy advocacy, and a resource phone line.
- Tennessee Justice for Our Neighbors: Immigration legal aid, public advocacy, and lawyer training.
- Catholic Charities, Diocese of Nashville: Immigration and refugee support and employment services, including aiding with DACA renewals, checking citizenship application status, and providing bilingual coaching.
- Conexión Américas: English classes, tax preparation, college and school assistance, and employment training.
