j****y
发帖数: 1714 | 1 【 以下文字转载自 WaterWorld 讨论区 】
发信人: joyjoy (joy), 信区: WaterWorld
标 题: Know your rights when encountering law enforcement
发信站: BBS 未名空间站 (Wed Apr 17 01:59:25 2013, 美东)
There is a new post about legal rights:
http://bojiangwatch.blogspot.com/2013/04/know-your-rights-when-
A short sample text is pasted below:
IV. ADDITIONAL INFORMATION FOR NON-CITIZENS
In the United States, non-citizens are persons who do not have U.S.
citizenship, including lawful permanent residents, refugees and asylum
seekers, persons who have permission to come to the U.S. for reasons
like work, school or travel, and those without legal immigration status of
any kind. Non-citizens who are in the United States—no matter what
their immigration status—generally have the same constitutional rights
as citizens when law enforcement officers stop, question, arrest, or
search them or their homes. However, there are some special concerns
that apply to non-citizens, so the following rights and esponsibilities are
important for non-citizens to know. Non-citizens at the border who are
trying to enter the U.S. do not have all the same rights. See Section V for
more information if you are arriving in the U.S.
Q: What types of law enforcement officers may try to question me?
A: Different kinds of law enforcement officers might question you or ask
you to agree to an interview where they would ask questions about your
background, immigration status, relatives, colleagues and other topics.
You may encounter the full range of law enforcement officers listed in
Section I.
Q. What can I do if law enforcement officers want to question me?
A: You have the same right to be silent that U.S. citizens have, so the
general rule is that you do not have to answer any questions that a law
enforcement officer asks you. However, there are exceptions to this at
ports of entry, such as airports and borders (see Section V).
Q: Do I have to answer questions about whether I am a U.S. citizen,
where I was born, where I live, where I am from, or other
questions about my immigration status?
A: You do not have to answer any of the above questions if you do not
want to answer them. But do not falsely claim U.S. citizenship. It is
almost always a good idea to speak with a lawyer before you answer
questions about your immigration status. Immigration law is very complicated
, and you could have a problem without realizing it. A lawyer can help
protect your rights, advise you, and help you avoid a problem. Always
remember that even if you have answered some questions, you can still decide
you do not want to answer any more questions.
For “nonimmigrants” (a “nonimmigrant” is a non-citizen who is
authorized to be in the U.S. for a particular reason or activity, usually
for a limited period of time, such as a person with a tourist, student, or
work visa), there is one limited exception to the rule that non-citizens who
are already in the U.S. do not have to answer law enforcement officers’
questions: immigration officers can require
nonimmigrants to provide information related to their immigration
status. However, even if you are a nonimmigrant, you can still
say that you would like to have your lawyer with you before you
answer questions, and you have the right to stay silent if your
answer to a question could be used against you in a criminal case.
Q: Do I have to show officers my immigration documents?
A: The law requires non-citizens who are 18 or older and who
have been issued valid U.S. immigration documents to carry
those documents with them at all times. (These immigration
documents are often called “alien registration” documents.
The type you need to carry depends on your immigration status.
Some examples include an unexpired permanent resident
card (“green card”), I-94, Employment Authorization Document
(EAD), or border crossing card.) Failure to comply carry these
documents can be a misdemeanor crime.
If you have your valid U.S. immigration documents and
you are asked for them, then it is usually a good idea to show
them to the officer because it is possible that you will be
arrested if you do not do so. Keep a copy of your documents in
a safe place and apply for a replacement immediately if you
lose your documents or if they are going to expire. If you are
arrested because you do not have your U.S. immigration documents
with you, but you have them elsewhere, ask a friend or
family member (preferably one who has valid immigration status)
to bring them to you.
It is never a good idea to show an officer fake immigration
documents or to pretend that someone else’s immigration
documents are yours. If you are undocumented and therefore
do not have valid U.S. immigration documents, you can decide
not to answer questions about your citizenship or immigration
status or whether you have documents. If you tell an immigration
officer that you are not a U.S. citizen and you then cannot
produce valid U.S. immigration documents, there is a very good
chance you will be arrested. |
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