“We give away IDs that protect you from ICE”: This is the message that appears in a promotional video from Diener Law Abogados, an immigration law firm that serves clients in North Carolina and California.
Although the video later clarifies that the identification provided during consultations is a card that reminds people of their right to remain silent and to request a lawyer, the promotional message may cause confusion among immigrants by suggesting that the document offers protection from Immigration and Customs Enforcement (ICE).
Rather, the reality is that it is a "Know Your Rights" red card that offers no legal protection against actions by that agency or prevents arrest or deportation.
“I think the correct description is 'they can protect you from ICE' because many immigrants don't know their rights. It's really mainly for that, so they don't leave their house or car without a warrant, don't answer questions, and don't sign anything; but it's clarified in the video,” Sofia Rivera, spokesperson for Diener Law Abogados, told Enlace Latino NC.
Rivera added that the card can “help prevent an arrest if the immigrant is inside their home or car, the agent doesn't present a warrant, and the person shows the card without opening the door.” However, he clarified that the cards are not “magic”: they can offer some protection, but they don't prevent authorities from arresting their holders.
The video was posted on Facebook on June 18 and currently has around 3,000 views.
About the “Know Your Rights” red cards
The "Know Your Rights" red cards inform that the person can remain silent and not answer questions, and include contact information for lawyers.
These are a legitimate and widely used tool by immigrant organizations, such as the ACLU, Carolina Migrant Network, and the Immigrant Legal Resource Center (ILRC).
Although these cards help the immigrant community remember what to say in case of detention, they do not offer legal protection against ICE or prevent deportation or arrest.
“The red card doesn’t guarantee that a person won’t be arrested, but it does allow them to exercise their constitutional rights without revealing information about their citizenship or immigration status. That’s why we recommend that everyone use it, including U.S. citizens,” explained Miosotti Tenecora, an ILRC lawyer and co-director of the “Know Your Rights” team. Enlace Latino NC.
*Here you can download a file to print your red card
The problem with advertising slogans
By using the phrase “Protects from ICE,” the video may suggest that the ID functions as a legal shield against detention or deportationwhen in reality the card does not prevent an ICE intervention; it only helps the person exercise their constitutional right against self-incrimination.
“The description that the red card protects against ICE or that it prevents
An arrest or detention is not entirely correct without more context and information. The red card offers anyone, regardless of their immigration status, a tool to exercise their rights,” Tenecora explained.
This difference matters because a person might become complacent thinking that the ID “protects” them and not take other necessary legal precautions.
“When explaining the usefulness of the ILRC red card, organizations can explain that it doesn’t guarantee that the person won’t be arrested, but it provides a tool to exercise their rights. If ICE violates those rights, this can be used in their defense in the person’s immigration case,” Tenecora added.
Recommendations
Remember your rights during an immigration detention or raid.
- You have the right to remain silent: If ICE agents ask you questions about your migratory statusYou are not obligated to answer questions or provide personal information. Furthermore, never sign any document without first consulting with an attorney. Signing papers without understanding them could have serious consequences for your immigration case.
- You have the right to consult a lawyer: Bring with you the contact information of a lawyer or a reliable immigration assistance organization.
In these cases, "Know Your Rights" cards are a resource, but it is important to point out the difference.
If you see a video that presents these cards as a way to "protect yourself from ICE" or something that will help "avoid arrest," the reality is that this is not true.
“There is no card that can guarantee you won’t be arrested by ICE,” Tenecora said.
*Carolina Migrant Network “Know Your Rights”
Red Cards / Red Cards | Immigrant Legal Resource Center
Download the file to print your red card from Immigrant Legal Resource Center
Editor's note: Enlace Latino NC This note was updated to include the statement from Diener Law Attorneys and comments from attorneys at the Immigrant Legal Resource Center (ILRC) regarding the card.
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