Undocumented Related Questions

WHAT IS MEANT BY THE TERM “UNDOCUMENTED” AS USED IN THESE FAQS?

As used in these FAQs, the term “undocumented” means an individual who entered the U.S. without authorization or remained in the U.S. beyond the authorized period of nonimmigrant status and has not been granted lawful permanent residence, asylum, DACA status, or Temporary Protected Status (TPS).

HAS THE CURRENT PRESIDENTIAL ADMINISTRATION TAKEN ACTIONS ADVERSE TO UNDOCUMENTED INDIVIDUALS?

On January 25, 2017, President Trump issued an Executive Order, entitled “Border Security and Immigration Enforcement Improvements”, and an Executive Order, entitled “Enhancing Public Safety in the Interior of the United States.” On February 20, 2017, the Secretary of the U.S. Department of Homeland Security (DHS) John Kelly signed Memoranda implementing these Executive Orders.

It is anticipated these Executive Orders and DHS Memoranda will toughen immigration enforcement and could lead to removal proceedings for some undocumented individuals.

I AM UNDOCUMENTED. CAN I TRAVEL BY AIR WITHIN THE U.S.?

Under the previous presidential administration, many undocumented individuals traveled by air on domestic flights without being subject to immigration enforcement action. However, with the change in administration, there have been reports that Department of Homeland Security (DHS) officers have asked passengers on some domestic flights for identification documents.

Undocumented individuals should consider the increased risk of enforcement action and seek legal advice before traveling by air.

I AM UNDOCUMENTED. WHAT SHOULD I DO IF I AM QUESTIONED OR DETAINED BY A DHS OFFICER OR A FBI OFFICER?

If you are not a U.S. Citizen and an employee of the U.S. Department of Homeland Security (DHS), including Immigration and Customs Enforcement (ICE), or an officer from the Federal Bureau of Investigation (FBI) asks to see your immigration papers, you must show them if you have them with you. If you are over 18, carry your immigration documents with you at all times.

If you do not have immigration papers, you have the right to remain silent. You should never lie about your citizenship status or present fake documents. You have the right to ask if you are free to leave. If you are, calmly and silently walk away. If a DHS or FBI officer detains you, you continue to have the right to remain silent and may ask for a lawyer. Do not sign any papers without first speaking to a lawyer. (Source: ACLU Know Your Rights)

You may contact SES for assistance in identifying a suitable resource for legal advice.

I AM UNDOCUMENTED. DO I HAVE TO PERMIT DHS OR OTHER GOVERNMENT OFFICERS TO ENTER MY RESIDENCE?

Unless DHS or other government officers have a judicial search warrant that has been signed by a judge, you do not have to permit them to enter your residence. You have the right to ask government officers if they have a judicial search warrant and to examine the warrant. Officers can only search the areas and for the items listed on the warrant.

An arrest warrant allows officers to enter the home of the person listed on the warrant if they believe the person is inside. A warrant of removal/deportation (ICE warrant) does not allow officers to enter a home without consent. Even if officers have a warrant, you may remain silent. If officers force their way in, you should not attempt to resist. (Source: ACLU Know Your Rights)

You may contact SES for assistance in identifying a suitable resource for legal advice.