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With reports of immigration raids planned for Aurora, Colorado, as early as Thursday, January 30, 2025, and other credible reports of immigration enforcement actions already occuring in the Denver Metro Area, we wanted to remind employers, schools, hospitals, employees, students and parents of their rights in the face of immigration enforcement.
For employers, please follow our Best Practices for Employers during an immigration enforcement raid.
Additionally, for employers in the education space and for families concerned about immigration enforcement in schools/campuses, please keep in mind that the Family Educational Rights and Privacy Act (FERPA) prohibits the disclosure of a student’s personally identifiable information in their education records without a subpoena or written consent from the student’s caregiver. A DHS/ICE Administrative Warrant is not a subpoena and not sufficient to permit disclosure of records.
However, a school district can disclose district/school “directory information,” unless families have opted out. This means that school districts and educators should not include immigration status in education records or include place of birth in directory information. Parents should also be aware that they can opt out of directory information disclosure, which means that schools and school districts should not (or their family’s) country of origin, address etc.
Know Your Rights
For individuals, if you are approached by any law enforcement engaged in an immigration enforcement action, please know your rights. Everyone in the United States, regardless of immigration status has due process rights and is protected against unreasonable search and seizure, which means they cannot be detained without probable cause or a warrant.
Immigration Contact in Public Spaces
If you are approached by law enforcement in a public space, such as a school parking lot, public street, public restaurant dining room, or hospital lobby, unless the law enforcement agent has a judicial warrant to arrest for you, you cannot be detained and you have the right to remain silent and you should exercise the right to remain silent.
We recommend that you carry a Red Card/Know your Rights Card with you to hand to a law enforcement official as notice that you are exercising your right to remain silent.
Any interaction with law enforcement is intimidating and often law enforcement can make you feel like you are doing something wrong by exercising your rights. Exercising your right to remain silent can take a lot of courage, but there is nothing more “American” than exercising your due process rights guaranteed under the U.S. Constitution.
Law enforcement cannot punish you for refusing to speak.
If you choose to speak with law enforcement officials, DO NOT:
- Say where you were born
- Say how you entered the USA
- Lie about your immigration status or present any fake documents
Immigration Contact at Home
If law enforcement comes to your individual home, you also have RIGHTS and should exercise those rights:
- You do not have to open the door. You do not have to open the door or let the officers into your home unless they have a valid search warrant signed by a judge.
- ICE Deportation/Arrest Warrant is not the same as a search If this is the only document they have, they cannot legally come inside unless you verbally agree to let them in.
- If the officers say they have a search warrant signed by a judge, ask them to slide it under the door or hold it up to a window so you can see it.
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- If the warrant does not have your correct name and address on it and is not signed by a judge you do not have to open the door or let them inside.
- You have the right to remain silent. You do not need to speak to the immigration officers or answer any questions.
- If at any point you decide to speak with the officers, you do not need to open the door to talk. You can speak to them through the door or step outside and close the door.
- If you are asked where you were born or how you entered the United States, you may refuse to answer or remain silent.
- If you choose to remain silent, say “I choose to remain silent.”
- You may show a Red Card/Know your Rights Card to the officer that explains that you will remain silent and wish to speak to a lawyer.
- You may refuse to show identity documents that say what country you are from.
- Do not show any false documents and do not lie
If you are detained by immigration law enforcement:
- You have the right to speak to a lawyer. If you are detained or taken into custody, you have the right to seek an attorney and to receive a phone call from your attorney.
- Even if you do not have a lawyer, you may tell the immigration officers that you want to speak to one.
- If you have a lawyer, you have the right to talk to If you have a signed Form G-28, which shows you have a lawyer, give it to an officer.
- If you do not have a lawyer, ask an immigration officer for a list of pro bono attorneys.
- You also have the right to contact your consulate. The consulate may be able to assist you in locating a lawyer.
- You can refuse to sign any/all paperwork until you have had the opportunity to speak to a lawyer.
- If you choose to sign something without speaking to a lawyer, be sure you understand exactly what the document says and means before you sign it.
- You have the right to request to make a phone call to family members or friends for free if you do not have enough money in your account after 10 days.
Documents to Carry and Documents to Leave at Home
✅ Do Carry:
If you possess one of the documents below that is valid and unexpired, you SHOULD carry the document(s) with you as proof of lawful status or a pending immigration matter:
- U.S. passport
- Lawful Permanent Resident Card (Green Card)
- I-797 Approval Notice with I-94 Record
- Employment Authorization Document (EAD) or work card
- I-797 Receipt Notice for pending immigration benefits application
- Signed Form G-28 from your immigration attorney
You should never present any false or fake document to any law enforcement official ever.
❌ Do NOT Carry:
- Foreign Passport
- Foreign driver’s license
- Foreign Identification Document
- Foreign Birth Certificate
- Any other document that would alert immigration enforcement officials to your country of origin
- Any false identification or false immigration document
Evidence of Physical Presence in USA for last 2 years
In anticipation of increased immigration enforcement, and the Trump Administration’s announcement that it intends to use expedited removal (a rapid deportation process for people who cannot demonstrate that they have been in the USA for at least 2 years), we recommend that foreign nationals in the United States create a file that has evidence of their presence in the USA for more than 2 years. Some recommended evidence of your presence in the United States for at least two years can include:
- Tax returns
- Lease agreements
- Mortgage statements
- Monthly utility statements (electricity, water, gas, phone, internet, etc.)
- Monthly bank/credit card statements
- Car titles/car insurance/car registration
- Educational records (school transcripts, certificates, licenses, degrees, etc.)
- Medical Records
- Expired EADs/Driver’s Licenses/State Identification
File of Important Documents
Finally, we recommend that all foreign nationals in the United States, and especially those with mixed-status families (some members with lawful status and others without), you prepare a File of Important Documents, that is kept in a specific location where your emergency contacts can locate in case of emergency.
The File of Important Documents should include:
- Passports for all family members.
- Birth Certificates for all family members.
- A Number and any immigration documents (court documents, receipt notices, work permits, green cards, visas, travel documents, etc.).
- State Identification or Driver’s License
- Social Security Cards and/or ITIN number
- Marriage Certificate
- Divorce Decrees
- Custody/Guardianship Court Orders
- Power of Attorney
- Certified Court Dispositions for all criminal and/or traffic cases.
- Important children’s information (medical information, health insurance, doctor’s contact information, current school records, etc.).
- Emergency contact information of trusted family member(s)/friend(s).
- Contact information of immigration attorney.
- Any other documents you would want to be able to find quickly.
This article is intended for informational purposes only and does not constitute legal advice. You should not act or rely on any information in this article without seeking the advice of a competent, licensed immigration attorney.
Kolko & Casey, P.C.’s excellent team of experienced immigration attorneys and professional staff can be reached at 303-371-1822.