Your Right to Access: What You Need to Know as an Immigrant with a Disability

ICE is showing up in my school district's schools. I'm very very afraid to go to work right now. I'm very anxious and very nervous. I experience nightmares and panic attacks. How can I be grounded when I know this crap is constantly happening every single day?

We feel and acknowledge your anxiety. It is a very difficult time. We also acknowledge that ICE has been tormenting our communities for a very long time, prior to this current administration. Our recommendation would be to be proactive instead of reactive. Have a Family Preparedness Plan completed for you and those close to you. This will help you decide what to do if something happens. You may also want to organize a Rapid Response Team. Both of these resources are in our resource packet. While this does not solve the issue of the real terror taking place, it can help when we know we have a plan. 

In all other contexts, I promote advocating for one's access needs and necessary accommodations. But ICE and border control at large seem to be demonstrating a complete disregard for human life, so speaking up can risk life. What thoughts do you have on calculating when to ask for accommodations and/or disclose disability in this context?

As discussed during the webinar, there is clear evidence to support the reality that ICE is disregarding the civil rights of those they arrest and detain; however, it is very important that these rights (e.g., the right to remain silent, the right not to be searched without a valid warrant or probable cause, the right to an attorney, the right to reasonable accommodations, etc.) are asserted if you are being questioned, arrested, and/or detained by any officers carrying out immigration enforcement activities. If you require accommodations in order to effectively communicate with officers, with respect to the use of physical restraint, or for any other reason, you should always consider disclosing your disability and asking for whatever accommodations you need. It is true that ICE may not heed your disclosure and request in the moment, but you have documented the assertion of those rights in the event there is an opportunity to challenge your unlawful arrest or detention in court.

It was stated there was an Executive Order stating that English is the national language of the United States. I am a bit confused if that means the federal government no longer needs to provide language interpretation for court, ICE or police interaction? I am not referring to ASL translation, but rather an English to Spanish translator? 

In 2025, President Trump issued an executive order declaring English as the official language of the U.S. This executive order was meant to supersede an executive order from 2000 which required federal agencies and all entities who receive federal funding to provide language access. The 2025 executive order does not explicitly prohibit federal agencies like ICE, CBP, and the immigration courts from providing language access, but they are no longer required to do so. It is currently unclear what ICE and CBP’s language access policies are, so we don’t know whether ICE officers have received any guidance about how to communicate with people they encounter who predominantly speak languages other than English. Anecdotally, it appears that the immigration court continues to provide language interpretation services during immigration court proceedings; however, it has rescinded (overridden) previous guidance requiring immigration judges to ensure that respondents have access to necessary out of court translation services to help them understand court-issued documents and other tasks.

How do you verify if it is a judicially signed warrant? Would you just look up the name on the warrant to verify?

In order to make a valid search and/or arrest in a private place, a judicial warrant is required. This is a warrant that is signed by a state or federal court judge. The warrant should have some insignia (letterhead or seal) of a state or federal court. This is how you know it is a judicial warrant. Note that immigration judges or other immigration officials may issue warrants or subpoenas, and these are administrative warrants that may not necessarily be enforceable. The National Immigration Law Center has created this explainer about judicial versus administrative warrants and subpoenas that is very helpful.

Is there a way to have info like this put on a medical alert bracelet in the event you have a person that has selective mutism or is nonspeaking?

Information regarding access needs and reasonable accommodations can be included on the accommodations card discussed during the webinar. Like a medical bracelet, the accommodations card can be placed somewhere on the person’s body or among their personal belongings.

What if they won't provide ASL interpreters? What do we need to do?

Be sure to have an accommodations card that indicates you require an ASL interpreter and assert your right to remain silent and to speak with an attorney as best as you can. If you are able to access your phone during an encounter, you can have a trusted person on speed dial who can communicate with the officers on your behalf. More information on the accommodation card in the resource packet. 

If kidnapped in the street, should I leave my phone and house keys in my car for my emergency person to find? Do they take away people’s belongings that are on them?

Yes, it is possible that your personal belongings could be taken away from you if you are detained. As you develop your safety plan, speak with trusted people about where your belongings will be located and what you want to do with them in the event that you are placed in detention. The approach may vary depending on your individual circumstances.

If you need care that you cannot get in your home country, can ICE still remove you from a medical facility, LTC, nursing home, etc?

ICE may only make arrests in medical or nursing facilities if they have a valid judicial warrant to make the arrest that includes the name of the individual they want to arrest. Please refer to the guide for healthcare facilities provided in the Resource Packet for more information. The fact that you need medical care that you may not be able to get in your home country is not typically a factor in terms of whether ICE will arrest you or not; however, it may be relevant in building a case that you should be allowed to remain in the U.S. Be sure to consult an immigration attorney to discuss your legal options.

I just learned of a hard of hearing high school student in Los Angeles getting swept up in an ICE grab at an anti-ICE protest. Since the student is still a minor (under 18), what are the considerations the minor and their family should keep in mind?

Section 504 applies to minors in detention giving them rights to reasonable accommodations and effective communication. Some planning to do with minors prior to any encounter is to make sure you have designated people on the schools pick up list in case the adult is not able to pick up the students. If a child has a disability and is in detention they still have the right to receive public education. 

“All children in the United States are entitled to equal access to a public elementary and secondary education, regardless of their or their parents' actual or perceived national origin, citizenship, or immigration status. This includes recently arrived unaccompanied children, who are in immigration proceedings while residing in local communities with a parent, family member, or other appropriate adult sponsor. 

Under the law, the U. S. Department of Health and Human Services (HHS) is required to care for unaccompanied children apprehended while crossing the border. While in care at an HHS shelter, such children are not enrolled in local schools but do receive educational services and other care from providers who run HHS shelters. 

Recently arrived unaccompanied children are later released from federal custody to an appropriate sponsor – usually a parent, relative, or family friend – who can safely and appropriately care for them while their immigration cases proceed. While residing with a sponsor, these children have a right under federal law to enroll in public elementary and secondary schools in their local communities and to benefit from educational services, as do all children in the U.S.” 

“Under the Homeland Security Act of 2002, Congress transferred the care and custody of these minors to ORR from the former Immigration and Naturalization Service (INS) to move away from the adult detention model. In the Trafficking Victims Protection Reauthorization Act of 2008 (TVPRA of 2008), which expanded and redefined HHS’s statutory responsibilities, Congress directed that each child must “be promptly placed in the least restrictive setting that is in the best interest of the child,” subject to considerations of whether the child is a danger to self or others. See 8 U.S.C. § 1232(c)(2).” 

Check out the fact sheet here.

Can you speak on the National Qualified Representative Program?

The National Qualified Representative Program (NQRP) is a federally-funded initiative that provides legal representation to individuals who are found not competent to participate in removal proceedings before the immigration court due to mental health or other disabilities. The Department of Justice’s Executive Office for Immigration Review (EOIR), the agency that runs the immigration courts, contracted with legal services providers in different parts of the country to provide lawyers for these individuals. The Trump administration attempted to end these contracts in early 2025, but the program is fully funded and operational again as the result of a recent court order.

Now that English is the "main language" of the US, would that mean that non-English speakers could be considered like a "disability" and require the language access they deserve? Just trying to find loops in this awful change...

Limited English proficiency is not considered a disability under our disability rights laws, and therefore, language access would not be provided as a reasonable accommodation.

If foreign language translators are no longer required, does this mean people are being detained and going through immigration legal processes without being informed of that process in their native language? 

At this time, it is unclear what ICE and CBP’s language access policies and practices are when it comes to immigration enforcement. It is possible that individuals are being provided with information that is not being presented in a language they can understand (though this was also the case prior to the Trump administration, in many instances). The immigration court continues to provide language interpretation services during immigration court proceedings.

Does Section 504 offer any protections with regard to the public charge rules?

Section 504 does not apply when determining whether an individual is likely to become a public charge for purposes of admission in the United States under the immigration laws.

¿When parents are deported, what happens with their children who have a disability? 

It is super important to know the guardianship laws in your state and city. You can leave a letter designation care of your children to specified individuals. The children would still have access to special education in their public schools. If they require daily care, all of the information would have to be in the family preparedness plan and their care designated. If the parents want to be reunited with their children, it is an option to have the children go back to the country of origin with the family. 

What messaging channels/apps/websites are safe for communication with disabled immigrants?

You should stick to messaging platforms that are encrypted. Signal in particular is one of the safest apps to use and is mostly accessible. Note that some of the more secure communication platforms may not be fully accessible for disabled immigrants, so we recommend that you discuss the options with disabled community members in order to maximize and balance digital security and accessibility. You can download Signal here. 

Are there immigrant related resources that are available in ASL?

We are not aware of an organization that has created comprehensive resources for immigrants in ASL. However, we recommend reaching out to your state and local government agencies to see if they have any resources available. For example, New Jersey created this video with some basic information for immigrants who encounter immigration enforcement.