⚠️ Important: I do not practice immigration law. This article provides general "Know Your Rights" information. For immigration-specific legal advice, please contact the resources listed at the end of this article.

Memorize the mnemonic T.H.E.M.A.T.R.I.X. so you always know how to deal with cops, ICE, the DEA, the FBI, and pushy Security Guards at MSG.

The amendments are very specific with their language. The 14th says "No person shall be deprived of life, liberty, or property, without due process of law." It doesn't say "No citizen." It was written that way intentionally, it's not a mistake, it's not a typo!

Your Constitutional Trinity

  • The Fourteenth Amendment: Your Right to Due Process: grants anyone on US soil the protection of the "due process of law," and prevents states from denying anyone equal protection under the laws.
  • The Fourth Amendment: Your Right to Your Own Space. This is what stops the government from searching you, your home, or your stuff just because they feel like it. To get into your most private space—your home—they need a specific key: a warrant signed by a judge.
  • The Fifth Amendment: Your Right to Shut Up. This is your most powerful tool. It means you cannot be forced to say anything that could be used against you. It's the foundation of your right to remain silent.
  • The Sixth Amendment: Your Right to a Lawyer. This guarantees you a lawyer in a criminal case. Immigration is technically civil, and that difference is a nasty piece of business we'll get into. But the principle of having a right to get a lawyer's advice is universal.

Memorize: T.H.E.M.A.T.R.I.X.

T - They lie: Agents can and will mislead you to get you to comply. Trust the Constitution, not the reject mall cop.

H - HODOR (Hold the Door): Doors are firewalls. Do not open them. Not even a crack. Opening the door will be interpreted as giving them consent to enter. The only password is a judicial warrant.

E - Examine the Warrant: If they claim to have a warrant, make them slide it under the door. Is it a real judicial warrant signed by a judge, or is it a fake administrative warrant from ICE?

M - Maintain Your Silence: The Fifth Amendment is your ultimate defense. State clearly, "I am exercising my right to remain silent." Then stop talking.

A - Ask "Am I Free to Leave?": This forces them to define the situation. If they say yes, walk away calmly and silently.

T - Talk to a Lawyer: Don't make any decisions until you've called your "operator." Repeat: "I wish to speak with a lawyer."

R - Refuse All Searches: The answer is always a clear and firm, "I do not consent to a search."

I - Invoke Your Rights Verbally: Your rights don't work if you just think them. You have to speak the words. "I am remaining silent." "I do not consent." "Am I free to leave?"

X - Xcuse yourself from signing their documents: Agents might try to get you to sign a "voluntary departure" form. Refuse. Don't sign their user agreement.

De-Escalate

Your life probably isn't an action movie. Know your rights and be confident, but also do anything you can to calm things down:

  • Remain calm and avoid sudden movements.
  • Keep your hands visible.
  • Use a calm, even, and respectful tone of voice, even while asserting rights.
  • Perform active listening by repeating back a paraphrased version of their commands.

Create a Plan for Your Loved Ones

  • Childcare: Designate a trusted adult to care for children and ensure they are legally authorized to pick them up from school.
  • Document Organization: Keep important documents (birth certificates, immigration papers, etc.) in a safe, accessible place and give copies to a trusted person.
  • Emergency Contacts: Memorize the phone numbers of family and an immigration lawyer, as cell phones will be confiscated upon arrest.

Examining the Warrant

An administrative warrant does not give them the right to enter your home, but a judicial warrant does.

  • A judicial warrant will be issued by a court (e.g., "U.S. District Court") and must be signed by a judge.
  • An administrative warrant is an internal agency form from the "Department of Homeland Security" or "ICE" (like Form I-200 or I-205) and is signed by an immigration officer, not a judge. This type of warrant does not, on its own, allow agents to enter a home.

Resources for Immigrants in NYC

Helpful Websites

  • Immigration Advocates Network - Search by state and county for volunteers: immigrationadvocates.org
  • Immigrant Defense Project (IDP) - "Know Your Rights" materials, raid information: immi.org
  • NYC Mayor's Office of Immigrant Affairs (MOIA) - City-backed resources and ActionNYC legal hotline (call 311): nyc.gov/immigrants

Pro-Bono Legal Assistance

  • The Legal Aid Society - Immigration Law Unit: legalaidnyc.org
  • Brooklyn Defender Services - Immigration representation in Brooklyn: bds.org
  • New York Legal Assistance Group (NYLAG) - Immigrant Protection Unit: nylag.org
  • Unlocal - Free immigration representation: unlocal.org

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