One of the more confusing aspects of living in the United States before you are a citizen is understanding your rights under the law. A question that comes up often is a simple one. Who has the right to ask about my immigration status – and do I have to answer?
The immigration laws in this country are ever-evolving and as you are reading this, the statutes and laws may have changed. If you have any questions regarding specific instances about the legality of having to identify your immigration status, please contact an immigration attorney as soon as possible.
When Law Enforcement Asks About Immigration Status
If you are stopped by law enforcement in any situation, be sure to remain calm. Do not attempt to run or argue with the officer under any circumstances. Keep your hands in full sight and do not resist the officers.
Remember, you have the right to remain silent. Therefore, it is important not to lie about your immigration status. You are not compelled to discuss your immigration status with police officers or immigration agents. Anything you tell an officer can later be used against you in immigration court.
If you are over the age of 18, you are required to carry your papers with you. If you are not a U.S. citizen and are asked for your immigration papers, you must show them to the agent. However, if they request to search your person or your belongings, you can refuse. If you do not have your papers, remain silent and ask for a lawyer.
In Florida, you do have to provide your name to the agents, but you do not have to provide any additional information. (Source ILRC)
Immigration Status When Applying for a Job
According to USCIS, a propspective employer has guildelines which moderate their behavior.
A hiring agent cannot ask for a document issued by the Department of Homeland Security because you are not a U.S. citizen; request a U.S. passport because you “sound foreign”; refuse to accept your furnished document or refuse to hire you because of an unrealistic suspicion that your document is fraudulent. They are also prohibited from asking to see your employment authorization documents before hiring you or before you complete Form I-9; or to hire you because your document expires in the future.
Your prospective employer is obligated to provide you with the entire Form I-9, including instructions for correctly completing the form. They cannot reuqire a specific document such as a green card, but must accept any of the accepted documentation from the USCIS list as long as it is clearly related to you and is genuine.
Can A Landlord Ask about Status?
Landlords are permitted to request valid documentation and conduct inquiries to ascertain whether a potential tenant meets the criteria for rental, so long as they apply the same vetting procedure to all potential applicants.
Landlords are allowed to request identity documents and institute credit checks to ensure ability to pay rent. However, a person’s capability to pay rent or otherwise qualify as a tenant is often not connected to their immigration status. If you think you have been unfairly treated in this regard, seek legal advice.
The immigrationm attorneys at Probinsky & Cole are committed to making sure that all people in Florida, regardless of status, are fairly treated under the law. If you have any questions about your rights when renting a home, applying for a job, or in response to law enforcement, call us for a no obligation consultation.
