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M.D. Holloway M.D. Holloway is offline
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Join Date: Aug 2004
Location: Houston TX
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And in Texas (as well as other states) the following is law:

Your Rights While in the U.S.

Your Legal Rights

All persons in the United States, including foreign nationals, have certain basic rights that must be respected by U.S. Immigration and Customs Enforcement (ICE). These rights stem from both the U.S. Constitution and U.S. laws. As a foreign national, you have the following rights:

Your Right to Refuse Entry Into Your Home
You have a right to deny an ICE agent entry into your home without a valid warrant. This warrant must be signed by a judge. You can refuse to open the door, or can close the door after discovering that the agent does not have a valid warrant. You also have a right to refuse to speak with ICE agents or to answer any questions, or refuse to show the agent any documents, unless the agents have a warrant listing all the documents that should be shown. If ICE agents enter your home by force, or without a search warrant, you should contact an attorney immediately.

Your Right to Remain Silent
All foreign nationals are required to carry proof of their status upon them at all times. If you are a permanent resident, this may be shown by your alien registration receipt card (commonly known as a "green card"), or your passport may also indicate your legal status. If you are a nonimmigrant alien, you have an arrival-departure card (I-94 card), a notation in your passport, and/or other proof of your status from U.S. Citizenship and Immigration Services (CIS).
If you are stopped or detained on the street, and either do not have your documents on you, or are an undocumented alien, you have the right to remain silent about your immigration status. There is no need to show any document.

Your Rights if You are Arrested
Generally, state and local police officers do not have the power to arrest you for violating immigration laws. The enforcement of immigration laws is generally left to ICE. However, some state laws grant local police the authority to arrest persons who violate federal criminal laws, including criminal immigration statutes. In addition, a 1986 federal statute includes a requirement that state law enforcement officials notify ICE when they arrest any individual suspected of being an undocumented alien on drug charges.
An ICE officer is allowed to arrest you without a warrant if he believes that you are in the United States illegally and has reason to believe that you are likely to escape before a warrant can be obtained for your arrest. If ICE arrests you without a warrant, they must give you a form informing you of your rights. The form must note that you are allowed to speak with an attorney or other representative. ICE must give you a list of attorneys who will provide you with free legal services in the event that you cannot afford to pay for the services of a private attorney. If you ask to speak to an attorney, ICE must give you access to a telephone and at least two hours to try to call an attorney. During that time, ICE may not interrogate you, other than to obtain basic biographical information.

Your Right to Refuse to Sign Any Document
You have the right to refuse to sign your name on any immigration document or to request to speak to an attorney before signing such documents. By signing a document given to you by an ICE agent, you may be giving up certain rights, or agreeing to return to your country.

Your Rights at the Workplace
For ICE to enter a workplace, the immigration agent must have a valid search or arrest warrant, or have the employer's permission to enter. If ICE agents enter by force and arrest you, you should remain silent and demand the right to speak to an attorney. Remember: Any information that is given to ICE agents before speaking to an attorney may endanger your case.

Other Rights at the Workplace
All workers, regardless of their legal status, must receive at least the minimum wage for full-time work. If you work more than 40 hours a week in certain jobs, the employer should pay you one and one-half times the regular hourly rate.
All workers are entitled by law to work in a place free from hazards likely to cause serious harm or death. Employers must provide safety equipment and remove hazardous materials from the workplace.

Your Right to Send Your Children to Public Schools
All children deserve an education. A U.S. court case in Texas upheld the obligation of public schools to admit all children, regardless of their immigration status. Public schools should not ask for your or your children's immigration status, and generally do not ask.

Your Right to Medical Treatment
Publicly funded hospitals are required to provide emergency medical services regardless of the patient's immigration status. Eligibility for health benefits is complicated, and you should seek advice from a community agency or attorney. Even if you are not eligible for certain medical benefits, you may be able to apply for benefits on behalf of your children, if they were born in the United States.
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Old 04-22-2006, 08:00 PM
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