Know Your Rights: Civil Immigration Enforcement in Washington

Across Washington, communities are concerned about increased immigration enforcement activity. This guidance summarizes general information about limitations on federal immigration enforcement power, limits on state and local agencies from participating in immigration enforcement, and the rights of individuals and entities within Washington. This guidance is based on current law as of the date indicated below and it is not legal advice. As always, individuals, agencies, and other entities are encouraged to discuss all legal issues and questions with their attorneys.

If an immigration enforcement officer approaches:

• You have the right to be silent. You do not have to speak, answer any questions, sign any document, or share any personal information. You can tell the officer “I choose to remain silent.” You may exercise this right at any time, even if you have already answered some questions.
  Anything you say or do can be used against you: You should not lie or show false documents.
   
• You can ask if you are free to leave. Running or otherwise fleeing before determining whether you are free to go, could give an immigration officer probable cause to detain you, even without a valid judicial warrant.
  • If they answer “yes,” then you can leave immediately. You do not have to identify yourself or answer any questions.
  • If they answer “no,” then you may say that you would like to consult with an attorney and otherwise you have the right remain silent.
     
• You can ask them to leave. If immigration officers enter a private space and do not have a court order or warrant signed by a judge (see Immigration Enforcement Document Samples), you can ask them to step outside and let them know you do not consent to a search.
  • In the workplace, they may not enter areas reserved for employees without permission.
  • At schools, they may not access areas that are not open to the general public, such as classrooms, private offices, and residence halls without permission.
  • On private transportation or within businesses that restrict access to their customers, immigration enforcement officials do not have to be admitted entry without consent or permission.
     
• You can ask to see their court order or warrant signed by a judge. Immigration officers must have authorization from a judge in order to enter a private space without consent. If federal officials claim that they have a court order, warrant, subpoena, or other document that allows them to enter without consent, you can ask to review it before permitting them access. You may ask them to slip the document under a door or hold it up to a window so you can read it.
  
  You do not have to open the door/allow them access into a private space unless the document:
  • Has correct name and identifying information of the person they are pursuing,
  • Accurately identifies the location where they are attempting to enter,
  • Has an effective date that has not expired, and
  • Is signed by a judge. Only federal judges have the power to authorize an immigration-related search or seizure warrant. Immigration agents and immigration court judges are administrative officers – they are not federal judges with the power to issue binding warrant. See Immigration Enforcement Document Samples or visit www.nilc.org/resources/warrants-and-subpoenas-facts for more thorough guidance on the differences between these types of documents and what to look for when reviewing them.
    
    Note: An immigration or “administrative” subpoena or warrant is not the same as a judicial search warrant (see Immigration Enforcement Document Samples). If they only have an administrative warrant, they cannot legally come inside unless given permission/consent to enter.
    
    If at any point you decide to speak with immigration officers, you do not need to open the door or allow them inside to do so unless they have judicial authority to enter without your consent. You can speak to them through a door or window, or step outside and close the door.
     
• You can ask for their information. Write down the name, telephone number, officer or badge number, and other identifying information that you are able to collect from the immigration officer.
   
• You do not have to sign anything. You have no obligation to sign any document without speaking to an attorney. Make sure you understand exactly what the document says and means before you sign it. If the document is in a language that you do not understand, you may request that it be translated for you.
  
  If you sign certain types of documents, such as a Waiver, Stipulated Removal Order, or Voluntary Departure Agreement, you may be waiving your right to see a lawyer or judge or agreeing to leave the country. It may also mean you will not be allowed to enter the U.S. again or get immigration status. Never sign a document without reading, understanding, and knowing the consequences of signing it.
   
• Be prepared. You can make a plan for your loved ones and responsibilities to be taken care of.
  • Consult a lawyer now
  • Make copies of your important documents and keep the originals in a safe place
  • If you have it, carry with you evidence of lawful entry or current lawful status, including pending immigration court case or appeal
  • Make a family plan, including an emergency caretaker for your children – In Washington, Legal Counsel for Youth and Children has several resources and trainings to help parents plan for the care of their children in the event that they are detained or deported.
  • Memorize at least one emergency phone number

If you are arrested, detained, or taken into custody:

• You have the right to speak to a lawyer. You have the right to an attorney, and if you are detained or taken into custody, to receive a phone call from your attorney. You can ask to contact an attorney even if you do not yet have a lawyer. Immigration enforcement does not provide attorneys, but you may ask for a list of pro bono (free) lawyers. In Washington, you may contact the Northwest Immigration Rights Project (NWIRP) to see if they can represent you: tacoma@nwirp.org or 253-383-0519.
• You have the right to contact your consulate. Your consulate might be able to help you find a lawyer or other supports. Telephone numbers to your consulate should be posted in the jail or detention center. You can also ask for a consulate list.
• Say it loudly and clearly if you have a fear of returning to your country of origin. If you are taken into immigration custody and you have fear of returning to your country of origin, you should state that fear clearly and loudly, as often as you can.
• You can ask to call a family member or friend. If you are arrested and need to arrange for care for a child or call into work, you may ask to do so. Have at least one essential phone number memorized, in case of emergencies.
• Report any health conditions or medication needs. If you will need medications, access to medical care or equipment, or food accommodations due to allergies you should report that information clearly and as often as you can.
• Request a bond hearing. You have the right to request a bond hearing immediately; doing so may prevent transfer to a detention facility outside of Washington State. A sample one-page bond hearing request (I-268 form) is available in Immigration Enforcement Document Samples.

More information about your rights in detention is available at: www.nwirp.org/resources/nwdc.

Limits on local and state participation:

The Keep Washington Working Act (KWW) prohibits the use of state agency resources–including property and personnel–to investigate, enforce, cooperate with, or assist in the investigation or enforcement of laws that target Washington residents solely on the basis of race, religion, immigration, or citizenship status, or national or ethnic origin. Under most circumstances, KWW limits state and local law enforcement from participating in enforcing federal immigration law.

All state and local law enforcement agencies must have policies that ensure their “duties are carried out in a manner that limits, to the fullest extent practicable and consistent with federal and state law, engagement with federal immigration authorities for the purpose of immigration enforcement.”

Likewise, all public schools, courthouses, and public health care facilities must have policies for limiting immigration enforcement to the fullest extent legally possible to ensure these resources remain safe and accessible to all Washington residents, regardless of immigration or citizenship status.

The Attorney General’s Office developed KWW Guidance, Model Policies, Best Practices and Training recommendations for:

• State and Local Law Enforcement Agencies
• State and Local Courthouses
• Public Health Facilities
• Public Schools
• Shelters

All state and local law enforcement, public schools, courthouses, and public health facilities must have policies that are consistent with the AGO’s Model Policies (published on the AGO’s Publications & Reports webpage under Keep Washington Working Model Guidance), unless the agencies have notified the Attorney General that their policies are not consistent and have provided a copy of their policy to the AGO. KWW encourages shelters to adopt the AGO’s model policies but does not require them to do so.

All policies received by the AGO are published on its website.

If you are unsure about the protections in place for locations within your community:

• Ask to see their policies. The public, employees and staff, and those who use these spaces (including students) have the right to request to see their immigration enforcement policies.
• Alert them to the KWW requirements if there are no policies in place.
• Confirm that staff is trained.