New York-based organization Adhikaar, the only women-led community and worker center serving and organizing the Nepali-speaking immigrant and refugee community, has created a Fourth Amendment flyer to help immigrants understand their rights when dealing with Immigration and Customs Enforcement (ICE) and law enforcement.
“The Fourth Amendment to the United States Constitution protects citizens from unreasonable searches and seizures by the government. It guarantees the right of the people to be secure in their persons, houses, papers, and effects,” the flyer states.
Adhikaar stresses in the flyer, “Everyone living in the United States, regardless of immigration status, is protected by certain basic rights under the U.S. Constitution. This includes undocumented immigrants. Understanding and asserting these rights is essential, especially when interacting with Immigration and Customs Enforcement (ICE) and other law enforcement officers.”
The flyer provides essential guidance on fundamental rights, including the right to remain silent, stating, “You are not required to speak to immigration officers. You can say, ‘I am exercising my right to remain silent.’ Avoid sharing any information about your place of birth or how you entered the U.S.”
The flyer also informs individuals about their right to refuse entry to their home, stating, “ICE cannot enter your home without a warrant signed by a judge. Ask the agent to show the warrant through a window or slide it under the door. Ensure the warrant includes your correct name and address. Do not open your door—once you do, it becomes much harder to refuse to answer questions.”
“Say, ‘I need to speak to my attorney’ if ICE or law enforcement questions you. You have the right to have an attorney present during any questioning,” the flyer advises. It further states, “Do not sign any documents without consulting a lawyer. ICE or law enforcement may try to pressure you into signing papers that waive your rights or agree to deportation. Make sure you understand any document before signing it.”
The flyer also discusses the right to carry valid immigration documents and suggests, “Carry valid U.S. immigration documents, such as a work permit or green card, to identify yourself if needed. Avoid carrying foreign documents, like passports, as they can be used against you in deportation proceedings.”
For parents or caregivers, Adhikaar advises, “Inform ICE if you are the primary caregiver for a U.S. citizen or lawful permanent resident under the age of 18. ICE may use ‘prosecutorial discretion’ to release you under these circumstances.”
This flyer provides general information about constitutional rights in the United States and is intended for educational purposes only. It does not constitute legal advice. If you have specific legal concerns, consult a qualified immigration attorney or legal expert.
Kishor Panthi
View More PostsKishor Panthi is the founder and editor-in-chief of Khasokhas and NepYork. He is the author of three books, “Kampan,” "UNTRANSLATABLE" and “Zero Mile.” He writes about social issues, immigration, and politics.
