Although some believe it may be illegal to provide foreigners with information about how they may avoid being detained or deported by immigration officials, this is in fact not illegal nor does it constitute impeding law enforcement activities, such as executing arrest warrants for foreigners.
There are both criminal and civil laws that intersect when it comes to the enforcement of U.S. sovereignty and immigration laws. Anyone who may be accused of entering or being in the U.S. illegally, all have rights, and may exercise such rights to defend themselves against any allegation lodged against them by the government.
Whether or not someone entered the U.S. illegally, the government does not have the right to violate our basic rights or violate the law. Thus, the government must follow the law in seeking to apprehend anyone it suspects of being in the U.S. without legal status.
In the U.S., everyone has the right to remain silent, and the right against self-incrimination. Thus, if you entered the U.S. illegally, the government will need to prove that you are a foreigner and that you did not enter the U.S. legally. You are under no obligation to provide any information to law enforcement officials that may incriminate you.
If you or someone you know gets detained by immigration officials, it is common practice for immigration officials to try to get foreigners to sign and accept voluntary returns or departures, or deportation or removal orders. If you are eligible for any kind of immigration benefit, then you will probably want to avoid signing any immigration paperwork that will allow immigration officials to return you to your country of origin.
If you do not understand the paperwork given to you to sign, then you should speak to an immigration attorney to know what your legal options are. Signing any immigration paperwork could result in you being removed from the U.S.
Remember, you have the right to speak to an attorney and to see a judge, so before you sign any documents, you may want to exercise your rights to NOT sign documents you do not understand. When in doubt, ask to speak to an attorney.
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