KNOW YOUR RIGHTS
1) The 5th Amendment: the right to remain silent. No one has to answer questions about
their country of origin or immigration status. If you are stopped on the street or on
campus, you can say, “I am exercising my right to remain silent” (“Estoy ejerciendo mi
derecho a guardar silencio.”)
2) The 4th Amendment: the right to refuse to let federal immigration officers search your
home, possessions, or car without a search warrant signed by a judge, not an ICE
officer. You can say, “I do not consent to a search,” (“No consento a un registro.”)
(3) The 14th Amendment: the right to legal representation. In immigration cases, the
state will not provide an attorney, but each person still has a right to be represented by
one.
Keep Washington Working 2019: Washington State is a Sanctuary State, meaning our state government has limited its cooperation with federal immigration authorities to protect undocumented communities and the state’s economy. Some of these limitations and protections include:
- Prohibits police from detaining people on behalf of ICE.
- Prohibits police from asking people about their immigration status.
- Prohibits state agencies, including Department of Motor Vehicles, schools, and social
services from sharing information about immigration status with the federal government.
- Creates model policies that schools, police, courts and others must follow to comply with the law (or come up with their equivalent version).
- The state is also developing health care and unemployment insurance programs for residents who are not eligible for federal benefits because of their status.
KNOW YOUR RIGHTS AT HOME
- You have the right to see a warrant if the Police Department, FBI, ICE or other government agencies try to enter your home.
- Don’t open the door. Ask the officer to slip the warrant under it. Make sure the warrant correctly states your name and address and that it is signed by a judge.
- If you open the door and allow the officer to enter the house, they will consider this “consent” to enter.
- Remain silent. ICE can use anything you say against you so claim your right to remain silent! Say “I have the right to remain silent.” (“Tengo el derecho de guardar silencio.”)
- Do not sign. Don’t sign anything ICE gives you without talking to an attorney.
KNOW YOUR RIGHTS AT WORK
- Immigration services require a warrant signed by a judge or the employer’s permission to enter your workplace. If it is a public place, they do not need a warrant.
- Stay calm. Do not run. This may be viewed as an admission that you have
something to hide.
- Remain silent. ICE can use anything you say against you in your immigration case so
claim your right to remain silent! Say “I have the right to remain silent.” (“Tengo el derecho de guardar silencio.”)
- Do not sign anything ICE gives you without talking to an attorney.
IF YOU WITNESS AN INTERACTION WITH ICE, HERE IS WHAT TO DOCUMENT
- Date, time, location/Fecha, hora y lugar
- Department or agency of the officers: ICE, DHS, Border Control, Police etc. Departamento o agencia de los agentes: ICE, DHS, la Patrulla Fronteriza, la Policía etc.
- ICE Officer ID- name, badge #, license plate #/
Identificación de oficial de ICE-nombres, número de placa, número de tablilla.
- Words used by officer: hate speech and identity speech (racist, sexist, homophobic.) Palabras utilizadas por el agente: discurso del odio a la identidad (racista, sexista, homofóbico)
- Searches of person, bag, car, home, pat down. Búsquedas de persona, bolso, coche, casa.
- Property that is damaged or taken. Propiedad dañada o confiscada.
- Violence. Violencia.
RESOURCES
Washington Immigrant Solidarity Network (WAISN): state-wide, immigrant-led network of
immigrant rights groups; maintains a state-wide hotline, monitors ICE activity,
advocates for public policy, holds regular trainings, convenes a yearly Advocacy Day
for Immigrants and Refugees at the state legislature. https://waisn.org/
American Civil Liberties Union of Washington: active in supporting immigrant rights
legislation and legal challenges. https://www.aclu-wa.org/
Northwest Immigrant Rights Project: pro bono legal representative for people in deportation
proceedings or those seeking asylum. https://www.nwirp.org/
Strengthening Sanctuary Alliance: Thurston County’s immigrant rights group
olympia.sanctuary@gmail.com
Best Practices for Supporting Undocumented Students and Community Members
- Always assume that there are undocumented students in all places at the college
- Allow students and classmates full agency over whether to reveal their stories. Don’t ask questions about citizenship status or make assumptions about who is or is not undocumented.
- No one should answer questions about citizenship status: create a climate that asserts everyone’s right not to answer questions about citizenship status and protects non-citizens from being singled out.
- Show your support: Help each other understand ways of being inclusive to
- undocumented and immigrant students, such as avoiding hurtful language (“illegal,”
- “alien,” “unskilled migrant”).
- Support multilingual spaces: recognize that having connections to multiple languages
- is a strength, not a weakness.
AT EVERGREEN
In January, an email was sent to the Evergreen community, focusing on the college’s policies surrounding ICE presence on campus and what resources are available for any undocumented students. In the email sent out by college president John Carmichael, “Drawing on publicly available guidance from the Office of the Attorney General for public schools, Evergreen is reviewing and updating policies to maximally protect the basic rights of students, faculty, and staff, regardless of immigration status…”
Currently, the Undocumented Student Task Force and administration are working to create a policy that guides what to do if ICE is on campus. This policy is to align with Keep Washington Working laws (see above).
- To not grant permission to anyone engaged in immigration enforcement, including surveillance and access to campus (including public areas).
- Decide which administrator will be called if ICE or Border Patrol seek access to campus.
- If immigration enforcement seeks access to campus, they must first contact the designated staff person to verify the warrant’s validity or court order. They can only enter for the purposes outlined in the court order or warrant.
- If determined that ICE has the legal right to interview someone, an Evergreen staff member should be present at the interview.
- Provide resources and information regarding immigration enforcement, including Know Your Rights and emergency preparedness forms.
On January 17th, 2025, an updated policy titled Undocumented Students and Staff Immigration Enforcement Activities was published on the college’s website, stating that “The college does not grant permission for any person engaged, or intending to engage, in immigration enforcement, including surveillance, access to non-public areas of the campus or their immediate vicinity” and should anyone see any activity on campus, they are advised to report to the Executive Vice President, Dean of Students or Associate Vice President of Human Resources Services. The policy also emphasizes that disclosing student information regarding their immigration status will not be allowed without the permission of one of those designated people. Concerns of the policy’s lack of definition in what can be considered “non-public spaces” have been brought up, and it not being in alignment with the more affirming stance taken in KWW’s policy. This policy, however, is only being recognized as a “partial policy,” and progress for a more updated policy is still being made but allegedly being drawn out.
Until then, resources are offered on campus to offer support, such as faculty member Catalina Ocampo-Londoño, who has offered resources such as “staff support, financial resources, access to educational opportunities, and clear information in both English and Spanish”
Further Resources
The Undocumented Student Task Force- (USTF) is a group of faculty and
staff working to increase support for undocumented and immigrant students
and can help connect students, supporters, and allies to the appropriate
resources. Co-chairs: Catalina Ocampo Londoño (ocampoc@evergreen.edu)
and Juanita Hopkins.
