Rhode Island State Immigration Laws

Immigration laws are primarily enforced by federal agencies. But states have their own rules that affect the everyday life of immigrants and the services they can access. These rules and regulations vary by state. States also have a significant say in how they enforce immigration laws.

This article outlines immigration rules and policies in Rhode Island. Learn more about:

• Law enforcement and immigration in Rhode Island
• Rhode Island employment check and E-Verify requirements
• Driver’s license and ID requirements
• Public benefit restrictions
• Educational benefits and in-state tuition
• Housing ordinance and immigration
• How an immigration attorney can help
• Related resources

Immigration rules continue to evolve. Anyone facing an immigration issue in Rhode Island should speak with a local immigration attorney for up‑to‑date guidance.

Law Enforcement and Immigration in Rhode Island

Federal agencies are the main authorities responsible for managing and enforcing U.S. immigration laws. The primary agencies involved are:

The Department of Homeland Security (DHS) — The DHS safeguards the country from security threats. The department manages the following:

• Enforcement of immigration laws
• Securing U.S. borders
• Coordinating emergency response
• Other matters related to immigration issues

U.S. Citizenship and Immigration Services (USCIS) — The USCIS oversees immigration to the United States. This includes the following:

• Acquiring U.S. visas
• Processing U.S. citizenship
• Getting a lawful permanent residency or green card
• Application for asylum

U.S. Immigration and Customs Enforcement (ICE) — ICE enforces immigration laws by conducting investigations and detaining individuals who violate them. It also investigates those who illegally entered the country, overstayed their visas, or committed crimes in the U.S.

U.S. Customs and Border Protection (CBP) — The CBP is an agency under DHS. Its goal is to safeguard U.S. borders and prevent dangerous people and materials from entering the country. It also ensures legitimate trade and travel.

Although the federal government is the main body that administers immigration laws, there are state agencies that play crucial roles in its enforcement. These shared responsibilities are highlighted in the Criminal Apprehension Program (CAP).

With CAP, federal and local law enforcement authorities work together to arrest, identify, and remove non-U.S. citizens in the country. This applies in particular to those who pose a threat to communities and to criminals at large.

Rhode Island state agencies cooperate with federal immigration enforcement. But some jurisdictions, including Providence, have limited local law enforcement’s collaboration with ICE. It varies by city or county, but many local police departments will not hold individuals solely on federal immigration detainers without a warrant.

Rhode Island Employment Check and E-Verify Requirements

The federal government created an online system called E-Verify. This system helps employees check the employment eligibility of newly hired employees. Various states require employers to use E-Verify in their hiring process. This is particularly true for contractors working with the government. But in Rhode Island, using E-Verify is voluntary.

In March 2008, then-Governor Donald Carcieri signed an executive order requiring agencies and contractors within the state to use E-Verify. But Governor Lincoln Chafee revoked the mandate in 2011. This move was to support comprehensive dialogue with immigrant communities.

Now, E-Verify remains voluntary for employers rather than a mandate.

Driver’s License and ID Requirements

Immigrants living in Rhode Island illegally cannot get state identification cards or driver’s licenses. But Deferred Action for Childhood Arrivals (DACA) recipients can get state IDs and driver’s licenses.

The Rhode Island Division of Motor Vehicles may require driver’s license applicants to show proof of identification. These forms of identification may include:

• Valid and unexpired passport
• Certified copy of a birth certificate
• Permanent resident card
• Employment authorization document (EAD)
• Valid and unexpired foreign passport
• Social Security Administration statement

For a more detailed list, visit the DMV’s official website.

Public Benefit Restrictions

Immigrants without proper documentation can’t get most public benefits and social services. But they can use services that are essential for their health care and emergency services to protect their life and safety. Below are some of the services that immigrants in Rhode Island can use:

• Child Care Development Fund
• Nutrition Program for Women, Infants, and Children (WIC)
• Emergency Medicaid
• Emergency shelter
• Disaster relief

The public benefits migrants and immigrants could qualify for may change depending on their immigration status. This information is discussed in more detail in this chart compiled by American University.

Educational Benefits and In-State Tuition

Rhode Island amended its Residency Policy on September 26, 2011. This amendment allowed eligible immigrants and DACA recipients to access in-state tuition.

The Rhode Island Student Access Act also extended access to in-state tuition regardless of immigration status. Students must still meet the following criteria to qualify for in-state tuition:

1. The student must have attended a high school in Rhode Island for three or more years.
2. The student must have continuously lived in Rhode Island during those years.
3. The student must have graduated from a high school in Rhode Island or received an equivalent diploma.
4. The student must have filed an affidavit stating that they applied for lawful immigration status or will do so when eligible.

But refugees in Rhode Island can only access these adult education benefits once they meet the following:

• 12-month residency rule
• Permanent resident status

Housing Ordinance and Immigration

Rhode Island follows the Fair Housing Act. This act prevented discrimination in housing transactions based on:

• Race
• Religion
• National origin
• Disability
• Sex
• Gender identity
• Familial status.

Rhode Island fair housing law further extends this list to include the following:

• Age
• Sexual orientation
• Marital status
• Veteran status
• Domestic violence victims

Get Legal Advice from an Immigration Attorney

Dealing with immigration on your own is very difficult and stressful. Understanding federal and state laws can be overwhelming, and it is natural to feel frustrated and lost in the process. Rules and regulations vary by state and affect enforcement and implementation. 

Fortunately, legal help is available for immigration issues. An experienced immigration lawyer can support you with several immigration processes, including:

• Pursuing U.S. citizenship through naturalization
• Applying for a visa or work permit
• Applying for lawful permanent resident status or a green card
• Appearing in immigration court
• Advocating for a loved one who has been detained
• Facing a deportation or removal

FindLaw’s directory of immigration attorneys can get you started. Because state immigration laws are relevant, your attorney should be licensed in Rhode Island. Enter your city or ZIP code for a list of qualified legal professionals in your area. Your search results will also show important details about prospective lawyers, including ratings and whether they offer free consultations.

Do not be afraid to talk to an immigration lawyer—attorney-client privilege prohibits them from sharing information about your immigration status. Their role is to help you, not act as an enforcement agent.

Immigration in Rhode Island: Related Resources

Various organizations and legal resources offer legal services and legal assistance to migrants in Rhode Island:

• Immigrant Coalition of Rhode Island — This association of organizations offers widespread advocacy to immigrant communities.
• The American Civil Liberties Union of Rhode Island — This nonprofit organization is dedicated to protecting and upholding the freedoms and civil rights guaranteed by the U.S. Constitution and the Bill of Rights.
• Alliance of Rhode Island Southeast Asians for Education (RISE) — This organization advocates for education and career development of Southeast Asian students living in Rhode Island.
• National Immigration Law Center — This organization advances the rights of low-income immigrants.
• Know Your Rights — This pamphlet offers information about various civil liberties issues. This is helpful for anyone who would like to learn more about their rights and responsibilities under the U.S. Constitution.
• FindLaw Immigration Law Resources — FindLaw offers free legal resources on various immigration law topics. Find informative and easy-to-understand articles on green card applications, naturalization, and more.