IF ICE STOPS YOU IN PUBLIC
If you are undocumented and US Immigration Customs and Enforcement officers (“ICE”) stop you in a public place, you must know your rights!
You have the following rights under the law:
- The right to remain silent. This means that you are under no obligation to speak to the immigration officers or answer any questions asked of you.
- You are entitled to ask the officer if you are free to leave. If the officer says no, you still have the right to remain silent.
- If the officer asks where you were born or how you entered the United States, you are entitled to the right to remain silent.
- If you choose to remain silent, make it clear.
- You can refuse to show identity documents to the officer that may reveal what country you are from.
Points to Remember!
- You must never lie or show any false documents.
- You are permitted to show a “Know Your Rights” card to the officer. This card should explain that you fully understand your rights, will remain silent and wish to speak to an attorney.
IF ICE VISITS YOUR HOME
If you do not have legal status and ICE officers knock on your door, be sure to understand that you are entitled to the following rights:
- The right not to open the door. Unless, you are presented with a valid search warrant, signed by a judge, you do not have to open the door or let officers into your home.
Points to Remember!
- Double-check that it is a search warrant, an ICE deportation warrant is not the same as a search warrant. Without the search warrant, they cannot legally come inside your home without your permission.
- Ask the officer to hold the search warrant up to the window so that you can see it.
- Without a judges signature on the warrant, the warrant is not valid therefore, you do not have to let them inside of your home or open the door.
- If your name, or address, is spelled incorrectly, the warrant is not valid therefore, you do not have to let them inside of your home or open the door.
- You do not need to open the door to speak with the officers, you can speak through the closed doors or step outside and close the door.
IF ICE VISITS YOUR WORKPLACE
If ICE officers come to the workplace, keep in mind the following:
- Do not panic. If you are feeling frightened or nervous take deep breaths and calmly walk towards the exit.
- If stopped, you are entitled to ask if you are free to leave, if the officer says no, remain calm and do not try to exit the building.
Legal Rights To Remember
In all of the situations above you have the following rights:
- The right to refuse a search. You are under no obligation to consent to a search of yourself or your belongings if you are not arrested. Keep in mind! The officer is entitled to perform a “pat down” if he suspects you have a weapon.
- The right to remain silent. This means that you are under no obligation to speak to the immigration officers or answer any questions asked of you.
- If the officer asks where you were born or how you entered the United States, you are entitled to the right to remain silent.
- If you choose to remain silent, make it clear.
- You are entitled to ask the officer if you are free to leave. If the officer says no, you still have the right to remain silent.
- You are permitted to show a “Know Your Rights” card to the officer. This card should explain that you fully understand your rights, will remain silent and wish to speak to an attorney.
- You can refuse to show identity documents to the officer that may reveal what country you are from.
- The right to speak to a lawyer. You have the right to immediately contact a lawyer if you are detained or taken into custody.
- You are entitled to tell the immigration officers that you want to speak to a lawyer, even if you do not have one
- If you have a lawyer, you are entitled to speak to them. If you have a signed Form G-28, give it to an officer.
- If you do not have a lawyer, ask the immigration officer for a list of pro bono lawyers.
- You are entitled to contact your Consulate, who may be able to help you locate a lawyer.
- You are entitled to refuse to sign any paperwork until you have spoken to a lawyer.
Points to Remember!
- If you choose to sign something, be sure you understand exactly what the document says and means before you sign it.