Immigration law blog

Know Your Rights: A Comprehensive Guide for Immigrants Encountering ICE

Know Your Rights: Complete Guide for Immigrants Facing ICE in Seattle | L.I.H. Law

Your constitutional protections when encountering immigration agents — what to do, what to say, and how to stay safe

Important Legal Notice: This information is provided for educational purposes only and does not create an attorney-client relationship. Immigration law is complex and each situation is unique. For specific legal advice about your case, schedule a confidential consultation with a qualified immigration attorney. Contact L.I.H. Law at (206) 838-7628.

A Message from Attorney Lesley Irizarry-Hougan

On October 7th, I led a "Know Your Rights" workshop at the Renton Public Library. Seeing the relief on people's faces when they learned about their constitutional protections reminded me why this work is so important. Everyone deserves to know their rights, regardless of immigration status. I've shared the key takeaways here so this critical information can reach more people in our community.

ATTORNEY Lesley Irizarry-Hougan presenting at Know Your Rights immigration workshop in Renton, Washington

Reclaiming Power: Why It Matters to Know Your Rights

If you're reading this, you're taking an important step: educating yourself about your rights. At L.I.H. Law, our purpose in sharing this information is simple but powerful—to help you reclaim power and show you that you don't have to be so afraid.

Here's the truth everyone needs to understand: You have rights, regardless of your immigration status. The United States Constitution protects all people on American soil, and knowing these rights can make all the difference in how you respond during stressful encounters with immigration agents.

What to Do If You Encounter ICE: Your Step-by-Step Guide

Encounters with Immigration and Customs Enforcement (ICE) can be frightening, but remember: you have specific rights that protect you under the U.S. Constitution. Whether you're stopped on the street, at work, or at home, here's exactly what you need to know:

1. Exercise Your Right to Remain Silent

You are not required to answer questions about your immigration status, where you were born, or your citizenship. Under the Fifth Amendment of the U.S. Constitution, you have the right to remain silent.

In fact, it's often best not to say anything beyond identifying yourself. The American Civil Liberties Union (ACLU) confirms that this right applies to all people in the United States, regardless of immigration status.

You can tell officers politely but firmly:

  • "I am exercising my right to remain silent."
  • "I do not wish to answer any questions."

Stay calm and maintain this silence. Everything you say can and will be used against you in immigration proceedings before an immigration judge.

2. Request an Immigration Attorney

You have the right to speak with an attorney before answering any questions. According to the Immigration and Nationality Act, you have the right to be represented by an attorney in immigration proceedings.

You can say:

  • "I would like to speak with my attorney."
  • "I will not answer questions without my attorney present."

Even if officers pressure you or suggest that requesting a lawyer makes you look guilty, stand firm. Requesting legal representation is your constitutional right, and exercising it cannot be used against you. The American Immigration Lawyers Association (AILA) provides resources for finding qualified immigration attorneys.

3. Never Sign Documents Without Legal Advice

Never sign anything without first consulting with an immigration attorney who can explain what you're signing. Documents you sign during an ICE encounter can have serious, life-changing consequences, including:

  • Waiving your right to see an immigration judge
  • Agreeing to voluntary departure from the United States
  • Admitting to facts that can be used against you in court
  • Giving up potential defenses or relief options

The Executive Office for Immigration Review (EOIR) processes immigration cases, and any documents you sign can affect your position in these proceedings.

If asked to sign something, politely decline and request to speak with an attorney first.

4. Stay Calm and Be Respectful

This can be incredibly difficult during a stressful ICE encounter, but it's crucial:

  • Stay calm and composed
  • Be respectful to officers (even if you don't feel respected)
  • Do not run from officers
  • Do not physically resist arrest
  • Do not argue or become confrontational

Running or resisting arrest can result in additional criminal charges and significantly complicate your immigration case.

If ICE Comes to Your Home: Protecting Your Constitutional Rights

Your home has special constitutional protections under the Fourth Amendment, which protects against unreasonable searches and seizures. The rules are different when ICE comes to your residence versus encountering you in public. Here's exactly what you need to do:

Step 1: DO NOT OPEN THE DOOR

This is the most critical advice we can give you. You are not required to open your door to ICE agents. The ACLU's Know Your Rights guide confirms that immigration officers need a warrant signed by a judge to enter your home without your permission.

Instead:

  1. Ask to see identification through a window (don't open the door)
  2. Calmly ask what they want
  3. Ask if they have a warrant
  4. Do not be intimidated into opening the door

Step 2: Ask to See a JUDICIAL Warrant (Not an Administrative Warrant)

This is where many people get confused, and it's vitally important to understand the difference. According to ICE's own policies, there are two types of immigration warrants:

Administrative Warrant (NOT sufficient to enter your home)

  • Issued by ICE or Department of Homeland Security
  • Does NOT give officers the legal right to enter your home without consent
  • Has ICE letterhead and is signed by an immigration officer
  • Often printed on Form I-200 or Form I-205
  • Does NOT have a judge's signature

Judicial Warrant (Required to enter)

  • Signed by a federal judge or magistrate
  • Has a court seal (not just an agency stamp)
  • Specifically names you or your address
  • Authorizes officers to enter your home
  • Much less common than administrative warrants

The National Immigration Law Center (NILC) provides detailed information on warrant requirements. Ask officers to slide the warrant under the door or show it through a window so you can examine it carefully. If they only have an administrative warrant, they cannot legally enter your home without your consent.

Step 3: If Officers Enter, Clearly State Your Non-Consent

If officers enter your home (whether with proper authorization or not), immediately state in a clear voice:

"I do not consent to this search."

Say this clearly and, if possible, in front of witnesses or on video. Even if they proceed with the search anyway, your statement of non-consent can be crucial for any future legal proceedings. Then:

  • Calmly ask them to leave
  • Do not answer questions about your immigration status
  • Request to speak with an immigration attorney immediately
  • Do not sign anything
  • Do not provide false documents or information

If ICE Comes to Your Workplace

Workplace raids are another common way ICE encounters occur. If this happens:

Stay Silent and Request an Attorney

Just like in other encounters, you have the right to remain silent. You are not required to answer questions about your immigration status.

Provide Only Your Name If Asked

In most situations, you are only required to provide your name. You do not need to answer questions about:

  • Where you were born
  • Your immigration status
  • Whether you have documentation
  • Your family members

Use Your Red Card

A Red Card is a powerful tool that allows you to assert your rights without speaking. You can simply hand the card to officers. We'll discuss Red Cards in detail later.

Common Myths vs. Realities About Immigration Enforcement

Let's clear up some dangerous misconceptions that could put you at risk:

Myth #1: "ICE can enter my home without permission" REALITY: ICE needs a judicial warrant signed by a judge to enter your home without consent. An administrative warrant from ICE is not sufficient.
Myth #2: "I have to answer all their questions" REALITY: You have the constitutional right to remain silent. Use it.
Myth #3: "If I go to immigration court, I'll automatically be arrested" REALITY: Not going to court is actually more dangerous—you can receive an automatic deportation order in your absence. It's much better to go prepared with an attorney.
Myth #4: "I have no rights without papers" REALITY: ALL people have constitutional rights in the United States, regardless of immigration status. This includes the right to remain silent, the right to an attorney, and protection against illegal searches.

Should You Go to Your Immigration Court Date?

YES, you absolutely should go.

This is crucial to understand and cannot be emphasized enough.

Why You Must Attend

According to the Executive Office for Immigration Review (EOIR), failing to appear at your immigration court hearing can result in:

  • An automatic deportation order issued in your absence (called an "in absentia" order)
  • Loss of any potential relief you may have qualified for (asylum, cancellation of removal, waivers, etc.)
  • Making it exponentially harder to reopen your case later

The American Immigration Council reports that immigrants with legal representation are significantly more likely to succeed in their cases than those without attorneys.

Tips for Your Court Appearance

If you have an immigration court date:

  • Go with an attorney if possible—representation dramatically improves outcomes
  • Arrive early—courts are often crowded and have security checkpoints
  • Bring all your documents—original documents and copies of everything relevant to your case
  • Dress appropriately—dress as you would for a job interview (business casual minimum)
  • Be respectful—address the judge as "Your Honor" and be courteous to all court staff
  • Turn off your phone—courts require phones to be silenced or off

Essential Documents: What You Need to Keep

One of the most important things you can do right now is gather and preserve documentation that proves your presence in the United States. This is especially critical for documenting continuous presence for at least the last 2 years (since October 2023).

Critical Documents to Keep:

📊 Pay Stubs
Save all pay stubs from any employment, even if it was informal work. These prove you were physically present and working in the U.S.

📋 Tax Returns
File taxes every year, even if you use an ITIN (Individual Taxpayer Identification Number). Tax returns are powerful evidence of presence and good moral character.

🏦 Bank Statements
Monthly statements show your physical presence and activity in the U.S. Keep at least 2 years worth.

🏠 Rent Receipts or Utility Bills
These prove where you've been living. Keep copies of:

  • Rent receipts or lease agreements
  • Utility bills (electricity, water, gas, internet)
  • Any mail addressed to you at your residence

🏥 Medical Records
Doctor visits, hospital records, and prescriptions document your presence and can be crucial for certain types of relief.

🎓 Children's School Records
If you have children, their school enrollment records, report cards, and attendance records prove the family has been in the U.S.

How to Store These Documents

  • 📱 On Your Phone: Take photos or use a scanning app to save all documents digitally
  • ☁️ Cloud Storage: Upload copies to Google Drive, Dropbox, or iCloud
  • 🗄️ Physical Copies: Keep paper copies organized in a safe, accessible place
  • 👨‍👩‍👧‍👦 Share with Trusted Family: Make sure a family member knows where documents are stored

Understanding Red Cards: A Silent Tool to Assert Your Rights

Red Cards are an essential tool that every immigrant should have. These pocket-sized cards, developed by immigrant advocacy organizations like the Immigrant Defense Project and widely distributed by groups like the National Immigration Law Center, allow you to assert your constitutional rights without speaking.

What is a Red Card?

A Red Card is a card (usually printed on red paper, hence the name) that states your rights in both English and Spanish. When you hand it to an immigration officer, it communicates:

  • You are choosing to exercise your Fifth Amendment right to remain silent
  • You do not consent to any search under the Fourth Amendment
  • You want to speak with an attorney before answering questions
  • You understand your constitutional rights

How to Use a Red Card

  1. Keep it in your wallet or purse at all times
  2. If approached by ICE, calmly hand the card to the officer
  3. Say nothing more—let the card speak for you
  4. You can point to specific sections if needed
  5. Don't take the card back until you're allowed to leave

Where to Get Red Cards

We've included links to downloadable Red Cards in the resources section later. Organizations like United We Dream and the Immigrant Legal Resource Center (ILRC) offer free downloadable versions. You can print them at home and keep copies:

  • In your wallet
  • In your car
  • With family members
  • At your workplace

How to Help a Neighbor or Loved One

If you witness ICE arresting someone in your community, there are safe and legal ways you can help:

What You CAN Do:

Record from a Safe Distance
Use your phone to video or photograph what's happening. Stand at a safe distance where you're not interfering, but document:

  • License plate numbers
  • Badge numbers and officer names
  • Time and location
  • What officers are saying and doing

Be a Silent Witness
Your presence as a witness can be valuable. Stay calm and observe carefully.

Call an Attorney for Them
If you know the person being detained, immediately call an immigration attorney on their behalf.

Document Everything
Write down everything you see:

  • Exact time and date
  • Location
  • Number of officers
  • Vehicle descriptions
  • Any statements made

What You Should NOT Do:

  • DO NOT Physically Interfere — Don't try to block officers, grab someone being arrested, or physically intervene. This can result in your own arrest.
  • DO NOT Provide False Information — Never lie to officers—this can result in criminal charges against you.
  • DO NOT Put Yourself in Danger — Don't get too close or do anything that could be seen as threatening to officers.
  • DO NOT Answer Questions About Your Neighbor — You don't have to answer questions about another person's immigration status, identity, or activities.

Additional Rights to Remember

🌍 Access to Your Consulate

If you are not a U.S. citizen, you have the right to contact your country's consulate. The consulate can:

  • Provide you with a list of attorneys
  • Contact your family
  • Monitor your treatment
  • Provide limited assistance

Ask to contact your consulate early in any detention.

🚫 Never Provide False Information

Lying about your identity, status, or history can:

  • Result in permanent bars from legal immigration benefits
  • Lead to criminal charges for fraud
  • Destroy your credibility in court
  • Make your case impossible to win

Always tell the truth to your attorney and in court, even if the truth is difficult.

⚖️ Every Case is Unique

Immigration law is incredibly complex, and every situation is different. What works for one person may not work for another. Factors affecting your case include:

  • Your length of time in the U.S.
  • Your family relationships
  • Your criminal history (if any)
  • Your country of origin
  • Current immigration policies
  • Your circumstances of entry

That's why personalized legal evaluation is essential.

What a Lawyer Can (and Cannot) Do for You

Understanding realistic expectations is important when hiring an attorney.

What I CAN Do As Your Attorney:

  • Evaluate your case individually and identify all possible options
  • Advise you on the best legal strategy for your situation
  • Represent you in immigration court proceedings
  • Defend you against deportation
  • Prepare and file applications for relief (asylum, VAWA, waivers, etc.)
  • Help with asylum and other forms of humanitarian protection
  • Communicate with ICE on your behalf
  • Advocate strongly for your rights

What I CANNOT Do:

  • Guarantee a specific outcome—immigration cases depend on many factors beyond anyone's control
  • Create fraudulent documents—this is illegal and would destroy your case
  • Work miracles if there's no legal basis for relief—I can only work with the facts and law as they exist

Honesty is crucial: A good attorney will be honest about your chances and realistic about outcomes.

Questions to Ask When Hiring an Immigration Attorney

Not all attorneys are equal. Before hiring someone, ask:

Questions to Ask:

  1. Are you a licensed attorney? Beware of "notarios" who aren't actually lawyers. Verify the license on the state bar website.
  2. How much experience do you have with cases like mine? Immigration law is specialized. You want someone who regularly handles cases similar to yours.
  3. What are my realistic options? Be wary of anyone who guarantees success or makes promises that sound too good to be true.
  4. What will this cost in total? Get a clear, written fee agreement. Understand what's included and what might cost extra.
  5. What documents do I need? A good attorney will give you a clear list and help you understand what's required.
  6. How long will my case take? Timelines vary, but an experienced attorney should be able to give you a reasonable estimate.

Resources and Next Steps

Additional Resources

📚 U.S. Citizenship and Immigration Services (USCIS) www.uscis.gov

Official government information on immigration and forms

📚 Executive Office for Immigration Review (EOIR) www.justice.gov/eoir

Information about immigration court and case status

📚 ACLU - Know Your Rights www.aclu.org/know-your-rights

Comprehensive rights information for immigrants

📚 National Immigration Law Center (NILC) www.nilc.org

Legal resources and immigration policy

📚 American Immigration Lawyers Association (AILA) www.aila.org

Find qualified immigration attorneys

📚 WAISN - Washington Immigrant Solidarity Network waisn.org/kyrice/

Washington state local Know Your Rights resources

📚 Latino Civic Alliance (LCYC) lcycwa.org/resources

Community resources in Washington

🔴 Red Cards www.ilrc.org/red-cards-tarjetas-rojas

FREE downloadable Red Cards in multiple languages from the Immigrant Legal Resource Center (ILRC)

📚 Immigrant Legal Resource Center (ILRC) www.ilrc.org

Legal resources and training for immigrant communities

📚 Northwest Immigrant Rights Project (NWIRP) www.nwirp.org

Free and low-cost immigration legal services in Washington state


💡 Final Thoughts: You Have Rights, Use Them

Knowledge is power. By understanding your rights, you're already taking an important step to protect yourself and your family. Remember these key takeaways:

  • You have constitutional rights regardless of your immigration status
  • Stay calm and remain silent when encountering ICE
  • Request an immigration attorney before answering questions
  • Never sign anything without legal advice
  • Document everything that happens
  • Attend all immigration court dates with legal representation
  • Seek professional legal help for your specific situation

You don't have to face this alone. Whether you're facing an immediate situation with ICE or want to prepare for the future, professional legal guidance from an experienced immigration attorney can make all the difference in your case.

Need Legal Help? We're Here for You

If you or a loved one needs immigration legal assistance, L.I.H. Law offers confidential consultations in English and Spanish. We've been serving Seattle's immigrant community since 2009, specializing in asylum, family immigration, VAWA, and deportation defense.

L.I.H. Law

159 Denny Way, Suite 107, Seattle, WA 98109

📞 (206) 838-7628

📧 info@lihlaw.com

🌐 immigrationlawseattle.com

Office Hours: Monday - Thursday, 9 AM - 5 PM

Consultations: Available by phone or WhatsApp

Serving Seattle, Renton, Tacoma, and all of Washington communities

Our entire staff speaks Spanish


This blog post is for informational purposes only and does not constitute legal advice. For specific advice about your situation, schedule a consultation with a qualified immigration attorney.

Know Your Rights: A Comprehensive Guide for Immigrants Encountering ICE in Seattle | L.I.H. Law

Your constitutional protections when facing immigration enforcement — what to do, what to say, and how to stay safe

Important Legal Disclaimer: This information is provided for educational purposes only and does not create an attorney-client relationship. Immigration law is complex, and every situation is unique. For specific legal advice about your case, please schedule a confidential consultation with a qualified immigration attorney. Contact L.I.H. Law at (206) 838-7628.

A Message from Attorney Lesley Irizarry-Hougan

On October 7th, I led a "Know Your Rights" workshop at the Renton Public Library. The room was filled with families and community members seeking knowledge about their legal rights and how to protect themselves and their loved ones. The relief I saw when people learned about their constitutional protections reminded me why this work matters so deeply.

Everyone deserves to know their rights, regardless of their immigration status. I've shared the key takeaways from that presentation here so this critical information can reach even more people in our community. Whether you attended the workshop or are just now learning about these protections, I hope this guide empowers you to face uncertain situations with confidence.

Taking the Power Back: Why Knowing Your Rights Matters

If you're reading this, you're taking an important step: educating yourself about your rights. At L.I.H. Law, our purpose in sharing this information is simple but powerful—to help you take the power back and show you that you don't need to be so scared.

Here's the truth that everyone needs to understand: You have rights, regardless of your immigration status. The U.S. Constitution protects everyone on American soil, and knowing these rights can make all the difference in how you respond during stressful encounters with immigration enforcement.

What to Do If You Encounter ICE: Your Step-by-Step Guide

Immigration and Customs Enforcement (ICE) encounters can be frightening, but remember: you have specific rights that protect you under the U.S. Constitution. Whether you're stopped on the street, at work, or at home, here's exactly what you need to know:

1. Exercise Your Right to Remain Silent

You are not obligated to answer questions about your immigration status, where you were born, or your citizenship. Under the Fifth Amendment of the U.S. Constitution, you have the right to remain silent.

In fact, it's often in your best interest to say nothing beyond identifying yourself. The American Civil Liberties Union (ACLU) confirms that this right applies to everyone in the United States, regardless of immigration status.

You can politely but firmly tell officers:

  • "I am exercising my right to remain silent."
  • "I do not wish to answer any questions."

Stay calm and maintain this silence. Everything you say can and will be used against you in immigration proceedings before an immigration judge.

2. Request an Immigration Attorney

You have the right to speak with an attorney before answering any questions. According to the Immigration and Nationality Act, you have the right to be represented by counsel in immigration proceedings.

You can say:

  • "I would like to speak with my lawyer."
  • "I will not answer questions without my attorney present."

Even if officers pressure you or suggest that requesting a lawyer makes you look guilty, stand firm. Requesting legal representation is your constitutional right, and exercising it cannot be used against you. The American Immigration Lawyers Association (AILA) provides resources for finding qualified immigration attorneys.

3. Never Sign Documents Without Legal Advice

Never sign anything without first consulting with an immigration attorney who can explain what you're signing. Documents you sign during an ICE encounter can have serious, life-changing consequences, including:

  • Waiving your right to see an immigration judge
  • Agreeing to voluntary departure from the United States
  • Admitting to facts that can be used against you in court
  • Giving up potential defenses or relief options

The Executive Office for Immigration Review (EOIR) processes immigration cases, and any documents you sign can affect your standing in these proceedings.

If you're asked to sign anything, politely decline and request to speak with a lawyer first.

4. Remain Calm and Respectful

This can be incredibly difficult during a stressful ICE encounter, but it's crucial to:

  • Remain calm and composed
  • Be respectful to officers (even if you don't feel respected)
  • Do not run from officers
  • Do not physically resist arrest
  • Don't argue or become confrontational

Running or resisting arrest can result in additional criminal charges and significantly complicate your immigration case.

If ICE Comes to Your Home: Protecting Your Constitutional Rights

Your home has special constitutional protections under the Fourth Amendment, which guards against unreasonable searches and seizures. The rules are different when ICE comes to your residence versus encountering you in public. Here's exactly what to do:

Step 1: DO NOT OPEN THE DOOR

This is the most critical piece of advice we can give you. You are not required to open your door to ICE agents. The ACLU's Know Your Rights guide confirms that immigration officers need a warrant signed by a judge to enter your home without your permission.

Instead:

  1. Ask to see identification through a window (don't open the door)
  2. Calmly ask what they want
  3. Ask if they have a warrant
  4. Do not be intimidated into opening the door

Step 2: Ask to See a JUDICIAL Warrant (Not an Administrative Warrant)

This is where many people get confused, and it's vitally important to understand the difference. According to U.S. Immigration and Customs Enforcement's own policies, there are two types of immigration warrants:

Administrative Warrant (NOT sufficient to enter your home)

  • Issued by ICE or Department of Homeland Security
  • Does NOT give officers the legal right to enter your home without consent
  • Has ICE letterhead and is signed by an immigration official
  • Often printed on Form I-200 or Form I-205
  • Does NOT have a judge's signature

Judicial Warrant (Required for entry)

  • Signed by a federal judge or magistrate
  • Has a court seal (not just an agency seal)
  • Specifically names you or your address
  • Authorizes officers to enter your home
  • Is much less common than administrative warrants

The National Immigration Law Center (NILC) provides detailed information about warrant requirements. Ask officers to slide the warrant under the door or show it through a window so you can examine it carefully. If they only have an administrative warrant, they cannot legally enter your home without your consent.

Step 3: If Officers Enter, State Your Non-Consent Clearly

If officers enter your home (whether with proper authorization or not), immediately state in a clear voice:

"I do not consent to this search."

Say this clearly and, if possible, in front of witnesses or on video. Even if they proceed with the search anyway, your statement of non-consent can be crucial for any future legal proceedings. Then:

  • Calmly ask them to leave
  • Do not answer questions about your immigration status
  • Request to speak with an immigration lawyer immediately
  • Do not sign anything
  • Do not provide false documents or information

If ICE Comes to Your Workplace

Workplace raids are another common way ICE encounters happen. If this occurs:

Stay Silent and Request a Lawyer

Just like in other encounters, you have the right to remain silent. You are not required to answer questions about your immigration status.

Provide Only Your Name If Asked

In most situations, you're only required to provide your name. You don't need to answer questions about:

  • Where you were born
  • Your immigration status
  • Whether you have documentation
  • Your family members

Use Your Red Card

A Red Card is a powerful tool that allows you to assert your rights without speaking. You can simply hand the card to officers. We'll discuss Red Cards in detail below.

Common Myths vs. Facts About Immigration Enforcement

Let's clear up some dangerous misconceptions that could put you at risk:

Myth #1: "ICE can enter my home without permission" FACT: ICE needs a judicial warrant signed by a judge to enter your home without consent. An administrative warrant from ICE is not sufficient.
Myth #2: "I have to answer all their questions" FACT: You have the constitutional right to remain silent. Use it.
Myth #3: "If I go to immigration court, they'll arrest me automatically" FACT: Not going to court is actually more dangerous—you can receive an automatic deportation order in your absence. It's much better to go prepared with an attorney.
Myth #4: "I have no rights without papers" FACT: EVERYONE has constitutional rights in the United States, regardless of immigration status. This includes the right to remain silent, the right to an attorney, and protection against unlawful searches.

Should You Go to Your Immigration Court Date?

YES, you absolutely should go.

This is crucial to understand and cannot be emphasized enough.

Why You Must Attend

According to the Executive Office for Immigration Review (EOIR), failing to appear at your immigration court hearing can result in:

  • An automatic deportation order issued in your absence (called an "in absentia" order)
  • Loss of any potential relief you might have qualified for (asylum, cancellation of removal, waivers, etc.)
  • Making it exponentially harder to reopen your case later

The American Immigration Council reports that immigrants with legal representation are significantly more likely to succeed in their cases than those without attorneys.

Tips for Your Court Appearance

If you have an immigration court date:

  • Go with a lawyer if at all possible—representation dramatically improves outcomes
  • Arrive early—courts are often crowded and have security checkpoints
  • Bring all your documents—original documents and copies of everything relevant to your case
  • Dress appropriately—dress as you would for a job interview (business casual at minimum)
  • Be respectful—address the judge as "Your Honor" and be polite to all court staff
  • Turn off your phone—courts require phones to be silenced or off

Essential Documents: What You Need to Keep

One of the most important things you can do right now is gather and preserve documentation that proves your presence in the United States. This is especially critical for documenting continuous presence for at least the last 2 years (since October 2023).

Critical Documents to Maintain:

📊 Pay Stubs
Keep all pay stubs from any employment, even if it was informal work. These prove you were physically present and working in the U.S.

📋 Tax Returns
File taxes every year, even if you use an ITIN (Individual Taxpayer Identification Number). Tax returns are powerful evidence of presence and good moral character.

🏦 Bank Statements
Monthly bank statements show your physical presence and activity in the U.S. Keep at least 2 years' worth.

🏠 Rent Receipts or Utility Bills
These prove where you've been living. Keep copies of:

  • Rent receipts or lease agreements
  • Utility bills (electricity, water, gas, internet)
  • Any mail addressed to you at your residence

🏥 Medical Records
Doctor visits, hospital records, and prescription receipts all document your presence and can be crucial for certain types of relief.

🎓 Children's School Records
If you have children, their school enrollment records, report cards, and attendance records prove the family has been in the U.S.

How to Store These Documents

  • 📱 On Your Phone: Take photos or use a scanning app to digitally save all documents
  • ☁️ Cloud Storage: Upload copies to Google Drive, Dropbox, or iCloud
  • 🗄️ Physical Copies: Keep organized paper copies in a safe, accessible place
  • 👨‍👩‍👧‍👦 Share with Trusted Family: Make sure a family member knows where documents are stored

Understanding Red Cards: A Silent Tool for Asserting Your Rights

Red Cards are an essential tool that every immigrant should have. These pocket-sized cards, developed by immigration advocacy organizations like the Immigrant Defense Project and widely distributed by groups like the National Immigration Law Center, allow you to assert your constitutional rights without speaking.

What Is a Red Card?

A Red Card is a card (usually printed on red paper, hence the name) that states your rights in both English and Spanish. When you hand it to an immigration officer, it communicates:

  • You are choosing to exercise your Fifth Amendment right to remain silent
  • You do not consent to any search under the Fourth Amendment
  • You want to speak with a lawyer before answering questions
  • You understand your constitutional rights

How to Use a Red Card

  1. Keep it in your wallet or purse at all times
  2. If approached by ICE, calmly hand the card to the officer
  3. Do not say anything else—let the card speak for you
  4. You can point to specific sections if needed
  5. Do not take the card back until you're allowed to leave

Where to Get Red Cards

We've included links to downloadable Red Cards in the resources section below. Organizations like United We Dream and the Immigrant Legal Resource Center (ILRC) offer free downloadable versions. You can print these at home and keep copies:

  • In your wallet
  • In your car
  • With family members
  • At your workplace

How to Help a Neighbor or Loved One

If you witness ICE arresting someone in your community, there are safe and legal ways you can help:

What You CAN Do:

Record from a Safe Distance
Use your phone to video or photograph what's happening. Stand at a safe distance where you're not interfering, but document:

  • License plate numbers
  • Officer badge numbers and names
  • Time and location
  • What officers are saying and doing

Be a Silent Witness
Your presence as a witness can be valuable. Stay calm and observe carefully.

Call a Lawyer for Them
If you know the person being detained, immediately call an immigration attorney on their behalf.

Document Everything
Write down everything you see:

  • Exact time and date
  • Location
  • Number of officers
  • Vehicle descriptions
  • Any statements made

What You Should NOT Do:

  • Do NOT Physically Interfere – Do not try to block officers, grab someone being arrested, or physically intervene. This can result in your own arrest.
  • Do NOT Provide False Information – Never lie to officers—this can result in criminal charges against you.
  • Do NOT Put Yourself in Danger – Don't get too close or do anything that could be seen as threatening to officers.
  • Do NOT Answer Questions About Your Neighbor – You don't have to answer questions about someone else's immigration status, identity, or activities.

Additional Rights to Remember

🌍 Access to Your Consulate

If you are not a U.S. citizen, you have the right to contact your country's consulate. The consulate can:

  • Provide you with a list of attorneys
  • Contact your family
  • Monitor your treatment
  • Provide limited assistance

Ask to contact your consulate early in any detention.

🚫 Never Provide False Information

Lying about your identity, status, or history can:

  • Result in permanent bars from legal immigration benefits
  • Lead to criminal charges for fraud
  • Destroy your credibility in court
  • Make your case unwinnable

Always tell the truth to your attorney and in court, even if the truth is difficult.

⚖️ Every Case Is Unique

Immigration law is incredibly complex, and every situation is different. What works for one person might not work for another. Factors that affect your case include:

  • Your length of time in the U.S.
  • Your family relationships
  • Your criminal history (if any)
  • Your country of origin
  • Current immigration policies
  • Your entry circumstances

This is why personalized legal evaluation is essential.

What a Lawyer Can (and Cannot) Do for You

Understanding realistic expectations is important when hiring an attorney.

What I CAN Do as Your Attorney:

  • Evaluate your case individually and identify all possible options
  • Advise you on the best legal strategy for your situation
  • Represent you in immigration court proceedings
  • Defend you against deportation
  • Prepare and file applications for relief (asylum, VAWA, waivers, etc.)
  • Help with asylum and other forms of humanitarian protection
  • Communicate with ICE on your behalf
  • Advocate strongly for your rights

What I CANNOT Do:

  • Guarantee a specific outcome—immigration cases depend on many factors beyond anyone's control
  • Create fraudulent documents—this is illegal and would destroy your case
  • Perform miracles if there's no legal basis for relief—I can only work with the facts and law as they exist

Honesty is crucial: A good attorney will be honest about your chances and realistic about outcomes.

Questions to Ask When Hiring an Immigration Lawyer

Not all attorneys are created equal. Before hiring someone, ask:

Questions to Ask:

  1. Are you a licensed attorney? Beware of "notarios" who aren't actually attorneys. Verify licensing at your state bar website.
  2. How much experience do you have with cases like mine? Immigration law is specialized. You want someone who regularly handles cases similar to yours.
  3. What are my realistic options? Be wary of anyone who guarantees success or makes promises that sound too good to be true.
  4. How much will this cost in total? Get a clear, written fee agreement. Understand what's included and what might cost extra.
  5. What documents do I need? A good attorney will give you a clear list and help you understand what's required.
  6. How long will my case take? Timelines vary, but an experienced attorney should be able to give you a reasonable estimate.

Resources and Next Steps

Additional Resources

📚 U.S. Citizenship and Immigration Services (USCIS) www.uscis.gov

Official government immigration information and forms

📚 Executive Office for Immigration Review (EOIR) www.justice.gov/eoir

Immigration court information and case status

📚 ACLU - Know Your Rights www.aclu.org/know-your-rights

Comprehensive rights information for immigrants

📚 National Immigration Law Center (NILC) www.nilc.org

Immigration policy and legal resources

📚 American Immigration Lawyers Association (AILA) www.aila.org

Find qualified immigration attorneys

📚 WAISN - Washington Immigrant Solidarity Network waisn.org/kyrice/

Local Washington state Know Your Rights resources

📚 Latino Civic Alliance (LCYC) lcycwa.org/resources

Community resources in Washington

🔴 Red Cards inmigranteinformado.com/recursos/conozca-sus-derechos/

Downloadable Red Cards in multiple languages

📚 Immigrant Legal Resource Center (ILRC) www.ilrc.org

Legal resources and training for immigrant communities

📚 Northwest Immigrant Rights Project (NWIRP) www.nwirp.org

Free and low-cost immigration legal services in Washington State


💡 Final Thoughts: You Have Rights, Use Them

Knowledge is power. By understanding your rights, you're already taking an important step to protect yourself and your family. Remember these key takeaways:

  • You have constitutional rights regardless of your immigration status
  • Stay calm and remain silent when encountering ICE
  • Request an immigration lawyer before answering questions
  • Never sign anything without legal advice
  • Document everything that happens
  • Attend all immigration court dates with legal representation
  • Seek professional legal help for your specific situation

You don't have to face this alone. Whether you're facing an immediate situation with ICE or want to prepare for the future, professional legal guidance from an experienced immigration attorney can make all the difference in your case.

Need Legal Help? We're Here for You

If you or a loved one needs immigration legal assistance, L.I.H. Law offers confidential consultations in English and Spanish. We've been serving the Seattle immigrant community since 2009, specializing in asylum, family immigration, VAWA, and deportation defense.

L.I.H. Law

159 Denny Way, Suite 107, Seattle, WA 98109

📞 (206) 838-7628

📧 info@lihlaw.com

🌐 immigrationlawseattle.com

Office Hours: Monday - Thursday, 9 AM - 5 PM

Consultations: Available by phone or WhatsApp

Serving the Seattle, Renton, Tacoma, and greater Washington community

Todo nuestro personal habla español


This blog post is for informational purposes only and does not constitute legal advice. For advice specific to your situation, please schedule a consultation with a qualified immigration attorney.

Lesley Irizarry-Hougan

Lesley has been practicing law since July, 2005. She has significant experience in representing clients in Immigration Court, both detained and non-detained cases; appeals from immigration judge decisions, both at the Ninth Circuit Court of Appeals; and the Board of Immigration Appeals. Lesley is actively involved in her community, regularly volunteering at the Latina/o Bar Association Legal Clinic and the King County Bar Association Neighborhood Legal Clinic. Lesley Irizarry-Hougan ha estado practicando exclusivamente leyes de inmigración desde Julio del 2005. Ella tiene experiencia significante representando clientes en la Corte de Inmigración; apelando las decisiones del juez de inmigración, ambos a la Corte de Apelaciones de Estados Unidos para el Noveno Circuito y la Corte de Distrito de Estados Unidos para el Oeste de Washington. Lesley también se especializa en aplicaciones afirmativas, incluyendo aplicaciones para la tarjeta verde (Mica), asilo, NACARA, y aplicaciones de ciudadanía archivado en los Estados Unidos y Servicios de Inmigración. Lesley también hace certificaciones de trabajo, incluyendo aplicaciones de cocineros especializados. Ella habla español nativo.

L.I.H. Law, P.S., Immigration Lawyer, Seattle, WA