Know Your Rights: What to Do If Stopped by ICE

If you are stopped by ICE, it’s crucial to understand and assert your rights.

Here’s a lawyer’s general recommendation, compiled from information provided by organizations like the ACLU and Immigrant Legal Resource Center:

General Principles:

  • Stay Calm: Do not panic, run, argue, resist, or obstruct officers, even if you believe your rights are being violated.

  • Do Not Lie or Provide False Documents: This can create significant problems for your case.

If ICE Stops You in Public or in Your Car:

  • You Have the Right to Remain Silent: You are not required to speak to immigration officers or answer any questions, including where you were born, how you entered the U.S., or your immigration status.Clearly state, “I choose to remain silent.”

  • Ask if You Are Free to Leave: If the officer says yes, calmly walk away.If they say no, you are being detained, and you should continue to assert your right to remain silent.

  • You Can Refuse a Search: Do not consent to a search of yourself, your belongings, or your car. Clearly state, “I do not consent to a search.” Officers may pat you down if they suspect a weapon, but you do not have to consent to a more thorough search. If they search you anyway, do not physically resist, but document what happened.

  • If You Are Not a U.S. Citizen: If an immigration agent requests your immigration papers, you must show them if you have them with you.If you don’t have them, tell the officer you want to remain silent or speak to a lawyer.

  • Do Not Show Documents from Other Countries: These can be used against you.

  • If You Are Driving: You must show your driver’s license, registration, and proof of insurance if requested, but you don’t have to answer questions about your immigration status.

If ICE Comes to Your Home:

  • Do NOT Open Your Door: ICE generally cannot enter your home without a valid judicial warrant signed by a judge (not just an administrative warrant from ICE or DHS) or your consent.

  • Ask for a Warrant: Ask officers to slide any warrant under the door or hold it up to a window so you can inspect it. Verify it’s signed by a judge and has your correct name and address, or the address and areas to be searched.

  • Do Not Consent to Entry: If they don’t have a valid judicial warrant, keep the door closed and state, “I do not consent to your entry.”

  • If They Force Their Way In: Do not resist physically. Clearly state, “I do not consent to your entry or to your search of these premises. I am exercising my right to remain silent. I wish to speak with a lawyer as soon as possible.”

If You Are Detained or Arrested by ICE:

  • Immediately Ask for a Lawyer: Even if you don’t have one, state clearly, “I want to speak to a lawyer.” The government is not required to provide a lawyer for you in immigration court, but you have the right to hire one.Ask for a list of free or low-cost legal services.

  • Do NOT Sign Anything: Do not sign any paperwork, especially anything related to voluntary departure or stipulated removal, without speaking to a lawyer.Signing documents can waive your rights or lead to deportation.

  • Right to Contact Your Consulate: You have the right to contact your country’s consulate or have an officer inform them of your detention.

  • Memorize Your A-Number:If you have an “A” number (Alien Registration Number), memorize it and share it with family.This will help them locate you if you are detained.

  • Inform Them of Fear of Return: If you fear returning to your home country, be sure to let agents know.

Important Steps to Take:

  • Document Everything: If possible, take photos, videos, and notes of the encounter. Write down badge numbers, names, times, and details of what happened. This documentation can be critical later.

  • Know Who to Call: Have the phone number of a trusted immigration lawyer or an immigrant rights organization ready. Share your “A” number and emergency plans with family members.

  • Report the Incident: Contact your local Rapid Response Network or an immigrant rights organization to report the encounter and seek legal assistance.

Where to Find Help and More Information:

Remember, this is general advice. Laws can be complex and vary. If you are in doubt or have specific questions about your situation, always consult with a qualified immigration attorney.

Written by 

Visit Website