KNOW YOUR RIGHTS AS AN IMMIGRANT.

KNOW YOUR RIGHTS AS AN IMMIGRANT.

Part 1: What to do if confronted by ICE

By Christopher A. Kerosky

          Once again, Donald Trump has declared his intention to start raids against our immigrant communities.  Immigration and Customs Enforcement (“ICE”) has formulated a plan to find and deport thousands of immigrants, and announced that it will be implemented starting this weekend. 

I’ve written the detailed description below as a guide for immigrants as to their legal rights and remedies when confronted by ICE.  Para leer en espaňol: https://kpbinmigracion.blogspot.com/2019/07/conozca-sus-derechos-ante-el-servicio.html

Part 1 covers what to do if ICE comes to your home. Part 2 of this article covers what to do if ICE comes to your workplace or approaches you on the street.   Part 3 discusses what steps to take if ICE takes you into custody.

          At your house

          ICE can enter your home in three situations: (1) if they have a warrant; or (2) if you give them permission; or (3) they think there is presently a crime being committed in your home.  If ICE comes to your house and knocks on your door, you do not have to open the door or let them in. Typically, to legally enter your home, ICE must have a search warrant or arrest warrant with your name and address on it.  A warrant is an order signed by a judge to search a place and/or arrest a person. 

If ICE comes to your home, you should ask to see a warrant. ICE must show you the warrant. If the officials do not have a warrant, you do not have to let them in or speak to them at all.  However, if you give them permission to come in, then they can legally enter your home and search it.

         The right to remain silent

          Whether ICE comes to your house and knocks on your door, enters your workplace, or even questions you in jail, you have the right to remain silent.  In other words, you do not have to provide your citizenship information to Immigration Service officials. You can just indicate that you do not want to speak to them. 

          An immigration official may not request evidence of your immigration status in your home or another private place without a warrant. Even if they have a warrant, you must only provide proof of your immigration status if you are in legal status. After showing evidence of your status, you still have the right to remain silent.

         The right to speak to an attorney

         

          Once you have shown evidence of your legal status, if you have it, you do not have to talk to officers further – it is up to you. In most cases, you may be better off remaining silent and talking to a lawyer first, depending on your situation. This is your right under the law.  If the Immigration Service asks anything about your political and religious beliefs, groups you belong to or contribute to, things you have said, where you have traveled or other questions that do not seem right, you do not have to answer them.