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Know Your Rights

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Know Your Rights (ver en español)

The U.S. Constitution is clear, the government doesn’t have the right to come into your home without reason. Even with stepped up federal enforcement, you have rights as an immigrant. Documented…undocumented…U.S. citizens – everyone has these rights.

Here is a compilation of resources for immigrants and their allies. If you have questions about a specific case, contact an attorney or one of the local organizations listed below.

Immigration rules are changing very quickly. If you have questions about what impacts you, please consult an immigration attorney or visit the National Immigration Law Center for more information.

Resources for Parents 

What can you do if ICE is at your door?

  • Do not open the door for ICE or any police officer without a signed judicial warrant.
  • Make sure a judicial warrant
    • Is signed by a judge
    • Has your correct name
    • Has your correct address
  • ICE may use an administrative warrant, which IS NOT a judicial warrant.
  • If ICE knocks on your door, ask them to slide the search warrant under the door or show it through a window.
  • If ICE or the police do not have this, then you do not have to open the door. Once you open the door, you lose certain rights.

Print out these KYR cards (in English and in Spanish) to keep with you. You can use them when interacting with ICE. Many other languages are available on the IRLC site.

Do you have to talk to ICE?

No. You do not have to talk to ICE.

  • You have the right to remain silent and refuse to answer ICE’s questions. Say that you want to remain silent until you talk to a lawyer.
  • Do not answer questions about your birthplace, immigration status, or how you entered the country.
  • Do not give personal information about yourself or other members of your family.
  • Practice saying no to ICE with your kids and family members.

Do I have to sign things from ICE?

No! You do not have to sign anything before talking to a lawyer.

  • Do not sign anything you don’t understand or agree with. This could eliminate your right to talk to an attorney. This could eliminate your right for a hearing before an immigration judge.

Can I speak to an attorney? Can I make a phone call?

Yes! You have the right to speak to a lawyer and the right to make a phone call. Make sure to memorize or carry the phone numbers of the person you will call in an emergency. Ideally, this person would be someone who can put your plans and wishes into place, call your immigration attorney, and access your important documents.

Remember to stay calm and do not run away.

Prepare Your Family. Make sure your kids are ok if you are detained. You can minimize the harm to your kids and make sure they have trusted caregivers at the ready so that they do not enter foster care.

Preparing your family means:

  • Identifying one or two people who can take care of your children. This should be someone you trust.
  • Knowing who will have access to your finances in your absence. You may need someone to use your money to pay the rent or mortgage or to pay for expenses related to your child.
  • Preparing a power of attorney. A power of attorney is a legal document that gives another person authority to act on your behalf. Powers of attorney are important because it allows the caregiver you identify to make decisions for your kids during your absence. A power of attorney can also let someone make financial decisions.
  • Having your important documents in one place so you can access them quickly in case of emergency.
  • Knowing where to find legal help. Do this legwork beforehand. Know how to contact local nonprofits that help with immigration cases or find a trusted attorney whom you can call.

What if I need medical treatment or health care?

  • By law, everyone has the right to be treated in a hospital emergency room. The Emergency Medical Treatment and Labor Act (EMTALA) ensures that all patients, including undocumented immigrants, have access to emergency medical treatment.
  • Lawfully present immigrants may qualify for Medicaid and CHIP but are subject to certain eligibility restrictions. In general, lawfully present immigrants must have a “qualified” immigration status to be eligible for Medicaid or CHIP, and many, including most lawful permanent residents or “green card” holders, must wait five years after obtaining qualified status before they may enroll.
  • In Philadelphia the Federally Qualified Health Centers and Philadelphia Department of Health offer services no matter immigration status including children. In addition the Philadelphia Refugee Health Collaborative can connect resources of the 8 clinics that service refugees and immigrants. The surrounding counties of Bucks, Chester, Delaware and Montgomery may have similar services.
  • See additional information below under the Know Your Rights at Hospitals and Healthcare Centers.

Health and Wellbeing in Southeastern Pennsylvania

  • Bucks County
  • Chester County
  • Delaware County
    • Upper Darby Welcome Center specializes in offering assistance with immigration questions, state and federal government services, citizenship applications, locating employment, and English as a Second Language. Services are also offered concerning legal advice, health insurance, and becoming a homeowner. Call610-734-7784 or email: rfagg@upperdarby.org
    • ChessPenn Health Services coordinated Primary Health Care Services – Medical, Dental, Behavioral We serve children, teens, and adults.
      Center for Family Health at Upper Darby, call: 610-352-6585
  • Montgomery County
    • Montgomery County Office of Immigrant Affairs is a new resource available by calling: 610-278-3000
    • Delaware Valley Community Health, offers various services including primary care and women’s health. They have multiple locations, including the Norristown Regional Health Center. Call: 610-278-7787
    • ACLAMO provides a variety of programs and services for Latinos and other community members, including health and wellness programs. https://aclamo.org/services-programs/health-wellness or call: 610-277-2570
  • Philadelphia
    • Philadelphia Office of Immigrant affairs: https://www.phila.gov/departments/office-of-immigrant-affairs/
    • Philadelphia Refugee Health Collaborative is a regional coalition consisting of Philadelphia’s three refugee resettlement agencies and eight refugee health clinics. The core mission of the Collaborative is to create an equitable system of refugee health care in the Philadelphia region that ensures a consistently high standard of care for all newly arrived refugees. http://philarefugeehealth.org

 

Local Organizations that can Help with Immigration Cases

  • Pennsylvania Association of Community Health Centers – represents and supports the largest network of primary healthcare providers in Pennsylvania, including Community Health Centers (FQHCs), FQHC Look-Alikes, Rural Health Clinics and other like mission providers. Also provides healthcare enrollment assistance in underserved areas.  Call 1-866-944-CARE or visit: https://pachc.com
  • Welcoming Center for New Pennsylvanians – connects newly arrived immigrants from around the world with the economic opportunities in Pennsylvania.  Call 215-557-2626 or visit: www.welcomingcenter.org
  • Nationalities Service Center (NSC) – a non-profit organization that provides social,educational and legal services to immigrants and refugees in the Greater Philadelphia area.  Call 215-893-8400 or visit https://nscphila.org/
  • Nueva Esperanza – a non-profit organization providing a variety of programs and services designed to empower Hispanic communities through education, economic development, and advocacy.  Call 215-324-0746 or visit: www.esperanza.us
  • Pennsylvania Immigration Resource Center (PIRC) – Works to provide access to justice for vulnerable immigrants in detention and in the community through legal services, education and advocacy.  Call 717-600-8099 or visit: www.pirclaw.org
  • Hebrew Immigrant Aid Society (HIAS) Pennsylvania – provides immigration legal services, Refugee resettlement services, aslyee outreach, education and advocacy to newly arriving individuals. HIAS also provides technical assistance and support to providers such as domestic-violence advocates, non-profit legal-service providers, and
    social workers.  Call 215-832-090 or visit www.hiaspa.org
  • Pennsylvania Immigration and Citizenship Coalition (PICC) – engages in advocacy and education on behalf of immigrant communities. Call 215-832-0636 or visit: www.paimmigrant.org
  • Jewish Family & Children’s Services of Pittsburgh – a non-profit organization providing psychological, employment and social services to improve the quality of life of children, families and adults of all ages throughout the Greater Pittsburgh area. Call 412-422-7200 or visit: www.jfcspgh.org
  • Multicultural Community Resource Center of Erie – a nonprofit community organization providing educational, social, political, economic, health, and employment services to the Hispanic, Immigrant, and Refugee populations in Erie. Call 814-455-0212 or visit: www.mcrcerie.org
  • The USCRI Erie field office – provides services to immigrants in the Erie area including language interpretation and translation, immigration processing, housing, employment and transportation assistance, US citizenship preparation, and multicultural liaison services. Call 814-452-3935 or visit: https://refugees.org/uscri-erie/
  • Health Information Translations – provides easy to read and culturally appropriate health education resources in 18 different languages.  Visit: https://www.healthinfotranslations.org/
  • University of Washington Medical Center, Culture Clues – provides tip sheets for medical providers designed to increase awareness about concepts and preferences of patients from diverse cultures. Visit: http://depts.washington.edu/pfes/CultureClues.htm

Resources for Allies

Know Your Rights at School

Know Your Rights at Hospitals and Healthcare Centers

Know Your Rights at a Childcare or Pre-K Center

Know Your Rights for as an Employer

 

DISCLAIMER: Children First PA is not a legal organization and the information presented here is a helpful guide and should not be considered legal advice. If you need legal advice for an immigration issue, you should contact one of the organizations listed above or an immigration attorney.