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from WKYC: Legal Aid opens special intake line to help protect constitutional rights of detained immigrants in Ohio: Legally Speaking


Posted January 28, 2025
10:14 pm


By Stephanie Haney
updated by Legal Aid with current links/info

CLEVELAND — Legally analysis: As we continue to see people being detained by U.S. Immigrations and Customs Enforcement agents, it's important for everyone to know that everyone here in this country has constitutional rights.

Legally Speaking, that includes undocumented immigrants, meaning people who are here without legal immigration status. If that's you, you have rights at home, in public, and at your place of work.

In a bilingual document, the American Immigration Lawyers Association explains that you have the right to remain silent, no matter where you are, when questioned or arrested by law enforcement officials. You don't have to answer questions about where you were born or how you entered the U.S.

If you choose to remain silent, you should say you're exercising that right, out loud, and you do not have to show any identification that says what country you are from.

The Legal Aid Society of Cleveland responded to ICE raids in Northeast Ohio by setting up a special intake line and dedicated web page for detained immigrants who need legal help. In a bilingual post on social media, the organization shared:

Legal Aid can help some immigrants who are detained. Click here to apply for help via phone, online, or in-person!

La asistencia jurídica puede ayudar a algunos inmigrantes detenidos. ¡Haga clic aquí para solicitar ayuda por teléfono, en línea o en persona!

We will continue to work with and for our clients to amplify their voice, do high-quality work, and ensure that due process is respected and upheld."

Legal Aid attorney and spokesperson Melanie Shakarian says, "Being stopped by immigration officers or other law enforcement can be frightening, but it’s important to stay calm."

If law enforcement asks about your immigration or citizenship status, she says don't run, argue, resist, or obstruct the officer (even if you believe your rights are being violated), and that you need to keep your hands where police can see them. She adds, "Don’t lie about your status or provide false documents ... Anything you tell an officer can later be used against you."

If ICE agents come to your house, you do not have to open the door unless they have a valid search warrant signed by a judge with your correct name and address on it. If they say they have that, you can ask them to slip it under the door to show you. If they have a different document that's signed by anyone other than a judge, you do not have to let them into your home.

Whenever you encounter an ICE agent, whether you're at home, in public, or at work:

  • You have the right to speak to a lawyer if you are detained or taken into custody.
  • If you don't have a lawyer, you can ask for a list of pro bono lawyers.
  • You can refuse to sign anything until after speaking with a lawyer.

Remember, if you are stopped somewhere by an ICE agent, you can ask if you're free to leave. If they say yes, you can calmly walk away. If they say no, then you can tell them you're exercising your right to remain silent.

Read more about ICE raids happening in Cleveland and Mayor Justin Bibb's response here.

Stephanie Haney is licensed to practice law in both Ohio and California.


Source: WKYC - Immigrants in Ohio have constitutional rights, regardless of legal status 

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