Your Right to Access: What You Need to Know as an Immigrant with a Disability
As the immigrant communities face ongoing attacks, we are fighting back through empowerment. Our impact producing team hosted a “Know-Your-Rights” event, focusing on the needs of disabled immigrants, their families, and their allies in the face of immigration enforcement. Below are the topline resources that you can use or share with your community:
Your Right to Access: What You Need to Know as an Immigrant with a Disability:
Presented by Conchita Hernandez Legorreta and Qudsiya Naqui.
Provides overview of the immigration system and your rights during immigration enforcement actions, as well as of disability rights laws and how they apply to disabled immigrants who encounter immigration officials.Q&A Follow-up Responses (full text below)
English Q&A Follow-Up Responses
“Your Right to Access: What You Need to Know as an Immigrant with a Disability”
What if the person with a disability is non-verbal?
In this case, ensuring that the individual has an accommodations card that they always carry, indicating that they are nonverbal (including any accommodations they need to communicate, such as the ability to write) plus any other disabilities, would be very helpful. If they are able to communicate in writing (either in English or another language), carrying a small notepad and pen/pencil may also be useful. If they are able to access it in the course of an immigration enforcement encounter, they may also be able to use their smartphone to type written communications where possible.
What does one do if the individual who is detained has different disabilities, doesn’t speak, and wouldn’t be able to understand what is happening?
In this situation, having an accommodation card and any other documentation of the person’s needs that the detention officers can refer to is very helpful. Also, the accommodations card could include the name and contact information of a trusted person who is documented that officers can communicate with if needed.
Is it safe to get your children US passports if you are undocumented?
If you are applying for a passport for the first time for your U.S. citizen child, you must complete form DS-11, which does not ask for information regarding the citizenship status of parents for U.S.-born children (the child's birth certificate should be sufficient). To date, we've heard no reports about data sharing between the Department of State, which processes passport applications, and the Department of Homeland Security, which is responsible for immigration enforcement, so the likelihood of undocumented parents putting themselves at risk by applying for their child's passport is low at this time.
What is a PCA?
Personal Care Assistant
Do you have any recommendations for if ICE approaches you in a hospital or nursing facility?
Similar to a workplace, ICE may not enter the private areas of a hospital, nursing home, or other healthcare facility without a judicial warrant or the direct consent of the healthcare service provider in charge of the facility. They can, however, enter a public area, such as a waiting room, without a warrant. Here are two helpful resources with more information. Both were updated in 2025, and though they are directed at healthcare providers, rather than undocumented folks themselves, they contain useful information about what to expect, and how you might work with your provider to maximize safety:
Is it safe for immigrants to apply for social security for their child with a disability if there are people with mixed status in the home?
Generally speaking, a US citizen child of undocumented parents should be eligible for SSI if that child otherwise meets the eligibility criteria, regardless of the parents' immigration status. We recommend consulting an attorney with respect to the composition of your household to determine what is best for your family.
We have my daughter's certificate of citizenship in a safety deposit box at the bank. We made photocopies even though we were told not to. If she travels abroad, is it enough for her to take her US passport or should she also carry a copy of the certificate of citizenship with her? I’m worried about her getting stuck and unable to reenter the US.
Carrying the U.S. passport should be sufficient.
Is supported decision-making an alternative for conservation better in case the parent is undocumented?
Yes, where the infrastructure is in place for supportive decision-making, this is a helpful alternative to conservatorship, especially if safety from immigration enforcement is always a factor in decision-making.
What can disabled people do if their PCA is undocumented? How can they support the person they employ?
If the PCA is comfortable sharing about their immigration status, you can direct them to "know your rights" resources, help them to develop/become a part of their safety plan, and generally be supportive in the ways they need and request of you.
When you mention the right to have/wear a CARD with all the information about the needs according to the disability, who is responsible to extend that CARD? Doctors office? City Hall? We, as Governor's Commission on Disability?
The accommodations card is something that the individual and/or their loved ones/support team can create to describe the specific accommodations they need; however, in the event there is a risk of being detained by ICE, having some medical documentation, or documentation regarding accommodations furnished by a government agency could be helpful for the person to have, along with the accommodations card.
When you were talking about the PREPAREDNESS PLAN: how do parents (with or without disabilities) proceed to prepare a protection plan regarding their kids (with or without disabilities) in case they get caught by ICE?
Following the suggestions outlined in the slides (to be provided in the Resource Packet) regarding the creation of a safety preparedness plan is the best approach. If the child is not disabled, it is still very helpful to have a plan for the care of that child, in the event the parent is detained by ICE.