DACA & Immigrant Resources

Know Your Rights:

Civil Immigration Enforcement in Washington

Across Washington, communities are concerned about increased immigration enforcement activity. This guidance summarizes general information about limitations on federal immigration enforcement power, limits on state and local agencies from participating in immigration enforcement, and the rights of individuals and entities within Washington. This guidance is based on current law as of the date indicated below and it is not legal advice. As always, individuals, agencies, and other entities are encouraged to discuss all legal issues and questions with their attorneys.

If an immigration enforcement officer approaches:

  • You have the right to be silent. You do not have to speak, answer any questions, sign any document, or share any personal information. You can tell the officer “I choose to remain silent.” You may exercise this right at any time, even if you have already answered some questions.
    Anything you say or do can be used against you: You should not lie or show false documents.
     
  • You can ask if you are free to leave. Running or otherwise fleeing before determining whether you are free to go, could give an immigration officer probable cause to detain you, even without a valid judicial warrant.
    • If they answer “yes,” then you can leave immediately. You do not have to identify yourself or answer any questions.
    • If they answer “no,” then you may say that you would like to consult with an attorney and otherwise you have the right remain silent.
       
  • You can ask them to leave. If immigration officers enter a private space and do not have a court order or warrant signed by a judge (see Immigration Enforcement Document Samples), you can ask them to step outside and let them know you do not consent to a search.
    • In the workplace, they may not enter areas reserved for employees without permission.
    • At schools, they may not access areas that are not open to the general public, such as classrooms, private offices, and residence halls without permission.
    • On private transportation or within businesses that restrict access to their customers, immigration enforcement officials do not have to be admitted entry without consent or permission.
       
  • You can ask to see their court order or warrant signed by a judge. Immigration officers must have authorization from a judge in order to enter a private space without consent. If federal officials claim that they have a court order, warrant, subpoena, or other document that allows them to enter without consent, you can ask to review it before permitting them access. You may ask them to slip the document under a door or hold it up to a window so you can read it.

    You do not have to open the door/allow them access into a private space unless the document:

    • Has correct name and identifying information of the person they are pursuing,
    • Accurately identifies the location where they are attempting to enter,
    • Has an effective date that has not expired, and
    • Is signed by a judge. Only federal judges have the power to authorize an immigration-related search or seizure warrant. Immigration agents and immigration court judges are administrative officers – they are not federal judges with the power to issue binding warrant. See Immigration Enforcement Document Samples or visit www.nilc.org/resources/warrants-and-subpoenas-facts for more thorough guidance on the differences between these types of documents and what to look for when reviewing them.

      Note: An immigration or “administrative” subpoena or warrant is not the same as a judicial search warrant (see Immigration Enforcement Document Samples). If they only have an administrative warrant, they cannot legally come inside unless given permission/consent to enter.

      If at any point you decide to speak with immigration officers, you do not need to open the door or allow them inside to do so unless they have judicial authority to enter without your consent. You can speak to them through a door or window, or step outside and close the door.
       

  • You can ask for their information. Write down the name, telephone number, officer or badge number, and other identifying information that you are able to collect from the immigration officer.
     
  • You do not have to sign anything. You have no obligation to sign any document without speaking to an attorney. Make sure you understand exactly what the document says and means before you sign it. If the document is in a language that you do not understand, you may request that it be translated for you.

    If you sign certain types of documents, such as a Waiver, Stipulated Removal Order, or Voluntary Departure Agreement, you may be waiving your right to see a lawyer or judge or agreeing to leave the country. It may also mean you will not be allowed to enter the U.S. again or get immigration status. Never sign a document without reading, understanding, and knowing the consequences of signing it.
     

  • Be prepared. You can make a plan for your loved ones and responsibilities to be taken care of.
    • Consult a lawyer now
    • Make copies of your important documents and keep the originals in a safe place
    • If you have it, carry with you evidence of lawful entry or current lawful status, including pending immigration court case or appeal
    • Make a family plan, including an emergency caretaker for your children – In Washington, Legal Counsel for Youth and Children has several resources and trainings to help parents plan for the care of their children in the event that they are detained or deported.
    • Memorize at least one emergency phone number

If you are arrested, detained, or taken into custody:

  • You have the right to speak to a lawyer. You have the right to an attorney, and if you are detained or taken into custody, to receive a phone call from your attorney. You can ask to contact an attorney even if you do not yet have a lawyer. Immigration enforcement does not provide attorneys, but you may ask for a list of pro bono (free) lawyers. In Washington, you may contact the Northwest Immigration Rights Project (NWIRP) to see if they can represent you: tacoma@nwirp.org or 253-383-0519.
  • You have the right to contact your consulate. Your consulate might be able to help you find a lawyer or other supports. Telephone numbers to your consulate should be posted in the jail or detention center. You can also ask for a consulate list.
  • Say it loudly and clearly if you have a fear of returning to your country of origin. If you are taken into immigration custody and you have fear of returning to your country of origin, you should state that fear clearly and loudly, as often as you can.
  • You can ask to call a family member or friend. If you are arrested and need to arrange for care for a child or call into work, you may ask to do so. Have at least one essential phone number memorized, in case of emergencies.
  • Report any health conditions or medication needs. If you will need medications, access to medical care or equipment, or food accommodations due to allergies you should report that information clearly and as often as you can.
  • Request a bond hearing. You have the right to request a bond hearing immediately; doing so may prevent transfer to a detention facility outside of Washington State. A sample one-page bond hearing request (I-268 form) is available in Immigration Enforcement Document Samples.

Resources

Big Bend Community College Library Immigration Resources
http://libguides.bigbend.edu/immigration/resources
A wide assortment of information on immigration, citizenship, and naturalization resources

Northwest Immigrant Rights Project
https://www.nwirp.org/

Keeping families together, protecting people from violence, and standing up to injustice. We believe access to justice shouldn’t depend on where you are born or how much money you have.

National Immigration Law Center
https://www.nilc.org/resources/

Established in 1979, the National Immigration Law Center (NILC) is one of the leading advocacy organizations in the U.S. dedicated to advancing and defending the rights and opportunities of low-income immigrants and their loved ones.

Northwest Justice
https://nwjustice.org/

Our Mission: Combating Injustice • Strengthening Communities • Protecting Human Dignity

American Civil Liberties Union (ACLU)
https://www.aclu.org/know-your-rights/immigrants-rights
Regardless of your immigration status, you have guaranteed rights under the Constitution. Learn more here about your rights as an immigrant, and how to express them.

United We Dream
https://unitedwedream.org/

United We Dream is the largest immigrant youth-led organization in the nation. Our powerful nonpartisan network is made up of over 100,000 immigrant youth and allies and 55 affiliate organizations in 26 states. We organize and advocate for the dignity and fair treatment of immigrant youth and families, regardless of immigration status.

Washington New Americans

https://wanewamericans.org

The Washington New Americans Program (WNA) connects immigrants and refugees in Washington State to the information and legal services needed to successfully naturalize and exercise their civic voice.

Immigrants Rising

https://immigrantsrising.org

Founded in 2006, Immigrants Rising transforms individuals and fuels broader changes. With resources and support, undocumented young people are able to get an education, pursue careers, and build a brighter future for themselves and their community.

WA Immigrant Solidarity Network -Red de Solidaridad de Inmigrantes en WA

https://www.waisn.org/

WAISN is the largest immigrant-led coalition in Washington. We are a powerful, volunteer-driven network of immigrant and refugee-rights organizations and individuals distributed across the state that strives to protect, serve and strengthen communities across the state. We work to provide support, capacity, and resources to organizations’ efforts to build power and a united voice statewide.

BBCC Commitment to Educate All

At Big Bend, we strongly believe that higher education should be open, inclusive, and accessible to everyone looking to build a better future. We exist solely to help individuals learn and grow. We are here to provide an education to you. We recognize that recent federal announcements may be creating fear and uncertainty for some members of our community. Please know that you are not alone—we are here to support you. We deeply care about every student’s well-being and are committed to your success. Please know that you are welcome at Big Bend and we are here to support you!

Our Commitment to Open Admissions

Big Bend Community College is, and will remain, an open-access institution. We will not discriminate based on race, color, gender, gender identity, sexual orientation, immigration or citizenship status and we will continue to provide education to all who seek our services and support. We also take great care to ensure that every student has the opportunity to learn without interference. In light of recent federal announcements regarding immigration, I want to make clear that Big Bend does not provide aid for immigration enforcement purposes. Our campus security personnel will not question nor detain individuals based on their immigration status and we will not aid immigration enforcement on our campus. Again, we are here to educate, and we will maintain an environment that is conducive to that purpose. 

Campus Access

While Big Bend is a public college, many areas on campus—such as offices, classrooms, and other designated spaces—are reserved for students and employees. Access to these nonpublic areas will not be granted to external parties, including law enforcement, without a judicial order or warrant. While Big Bend cannot prevent Immigration Enforcement from being on our campus, we will not aid them in immigration enforcement including surveilling our students or questioning individuals about their immigration status while on our campus. If this happens to you, please contact Campus Safety at 509-793-2286.

Financial Aid and Immigration Status

We understand that some students and their families may be hesitant to apply for financial aid due to immigration concerns. However, filling out the WASFA (Washington Application for State Financial Aid) or FAFSA (Free Application for Federal Student Aid) helps determine eligibility for in-state tuition and financial aid. Our Student Services team is available to help students determine which application applies to them. Big Bend does not share information from these applications for immigration enforcement unless required by law such as a valid court order or judicial warrant. 

Privacy and Student Records

Your privacy is important to us. We do not disclose protected student records except in response to a lawfully issued subpoena or court order. Colleges do share certain “directory information,” but students have the right to opt out of that. Directory information is information contained within a student’s education record that, if disclosed, would not generally be considered harmful or an invasion of privacy and may be released without the student’s explicit consent. Directory information includes student name, major field of study, enrollment status, dates of attendance, participation in recognized sports, degree or certificate earned, term degree or certificate awarded, and honors. Students can opt out of their directory information from being shared through their Student Homepage in ctcLink. For detailed instructions, visit the SBCTC Privacy Restrictions webpage HERE.

To learn more about your privacy rights, visit BBCC’s FERPA webpage HERE