KNOW YOUR RIGHTS AS AN IMMIGRANT.
Part 1: What to do if confronted by ICE
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.