Know Your Rights

Know Your Rights as an Immigrant in Houston

The Constitution protects everyone on U.S. soil. Immigration status does not change that.

This is not legal advice. This is a guide to the rights you already have.

Houston is the most diverse city in the United States. More than 1.6 million residents were born outside the U.S. Over 145 languages are spoken here.

The City of Houston maintains an Office of Immigrant and Refugee Affairs (MOIRA) that connects immigrant communities to city services regardless of status. Houston does not honor ICE detainers -- meaning if you're arrested for a minor offense, the city will not hold you extra time just so ICE can pick you up.

That said, federal immigration enforcement does operate in the Houston area. ICE has a field office here. Enforcement actions happen at homes, workplaces, and courthouses.

Knowing your rights is not optional. It's survival planning.

If someone knocks on your door and says they're from immigration:

1. You do not have to open the door. The 4th Amendment protects everyone from unreasonable searches -- regardless of status. 2. Ask: "Do you have a judicial warrant?" A judicial warrant is signed by a judge and has a court name at the top. Slide it under the door or ask them to hold it to the window. 3. An administrative warrant (Form I-200 or I-205) is signed by an ICE officer, not a judge. It does not give ICE the legal authority to enter your home without your consent. 4. If they do not have a judicial warrant, you can say: "I do not consent to you entering my home." Say it clearly. Say it more than once. 5. Do not sign anything without talking to a lawyer first. 6. Do not lie or provide false documents. Simply say: "I choose to remain silent. I want to speak with a lawyer."

You can record the interaction through the door. Texas is a one-party consent state for recording.

If you are stopped by police or immigration agents in public:

- You have the right to remain silent. You do not have to answer questions about where you were born, your immigration status, or how you entered the country. - If asked, you can say: "I am exercising my right to remain silent." - You do not have to show immigration documents to local police. Texas law requires you to identify yourself if lawfully arrested, but you do not have to answer questions about citizenship. - If you are detained, say: "I want to speak with a lawyer." Repeat it. - Do not run. Do not resist physically. Do not provide false information. - You can refuse to consent to a search of your person or belongings.

Memorize this phrase: "I do not consent to a search. I am exercising my right to remain silent. I want to speak with a lawyer."

Federal labor law protects every worker in the United States regardless of immigration status. This includes:

- Minimum wage: $7.25/hour federal, though many Houston employers pay more - Overtime: time-and-a-half after 40 hours per week - Workplace safety: OSHA protections apply to all workers - Workers' compensation: if you're injured on the job, you can file a claim regardless of status - Anti-retaliation: your employer cannot threaten to call ICE because you reported unsafe conditions, filed a wage complaint, or organized with coworkers

If your employer is stealing your wages or threatening you with deportation, contact the Department of Labor at 1-866-487-9243. You do not need to provide a Social Security number to file a complaint.

Fe y Justicia Worker Center in Houston (713-862-8222) helps immigrant workers recover stolen wages.

Every family should have a plan in case a family member is detained. This is not about fear. It's about being ready.

1. Emergency contacts: pick 2 to 3 trusted people who can pick up your children, access your home, and contact a lawyer. Give them copies of important documents. 2. Power of attorney: designate someone to make decisions for your children if you're detained. You can get this notarized for about $10. BakerRipley and Catholic Charities can help prepare this document. 3. School pickup authorization: add your emergency contacts to your children's school pickup list now, not during a crisis. 4. Know your A-number: if you have any immigration case history, memorize your Alien Registration Number (A-number). Your lawyer needs it. 5. Keep documents in one place: birth certificates, passports, lease, car title, medical records. Give copies to your emergency contact. 6. Save these numbers in your phone and on paper: - RAICES: 281-374-9029 - BakerRipley immigration: 713-418-4620 - ACLU of Texas: 713-942-8146 - Mexican Consulate Houston: 713-271-6800

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