Immigration has been a hot-button issue this election and, frankly, for decades in America. Still, we have seen a shift in rhetoric with claims of “mass deportation” by Republicans this election cycle—and these claims are intentionally creating fear for immigrant communities and for our immigrant neighbors.
No matter how serious the immigration problem may be (or may become) in this country, immigrants have rights and we believe it is our duty and mission to uphold those rights. Documented or undocumented—everyone deserves to have their rights honored and upheld. If you or someone you love is an immigrant, it’s important to know how to protect yourself and your family from overreach by immigration authorities. At the end of the day, most of us are descendants of immigrants in this country.
Immigrants Have Rights When ICE Comes to Their Home
Immigrants shouldn't have to feel scared that Immigration and Customs Enforcement (ICE) officers are going to show up to their homes, violate their rights, and completely upend their lives. Nobody should fear this, but it’s an unfortunate reality for many. Protecting your rights at your door and in your home is imperative.
To be entirely clear, ICE agents are not permitted to enter or search your home unless they have a warrant signed by a judge. Always ask to see a search warrant and identification before opening your door. You have the right not to say or do anything absent a valid warrant. If the ICE agents do not produce a valid search warrant, you may want to consider stating the following: "I do not consent for you to enter my home and do not wish to talk to you without an attorney." It’s generally a good idea to repeat this statement until the officers leave so that your rights are preserved. DO NOT freely offer any information or documents, and DO NOT voluntarily consent to a search even if you think you have nothing to hide.
If ICE agents violate your rights at or in your home, it is important that you document as much as you can and immediately contact an attorney to properly report the incident.
Immigrants Have Rights When Arrested by ICE
If you or a loved one is arrested by ICE, it doesn’t automatically mean deportation or some other form of legal punishment is imminent. There are steps you can take to protect yourself and others. First and foremost, know that you should not answer any questions or make any statements without a lawyer present.
You have the right to remain silent and request an attorney—this applies even when dealing with ICE agents. Remember, just because someone has been detained does not mean they will automatically be deported. The legal system is still at play, and silence could be your strongest defense until an attorney can advocate on your behalf.
For bystanders or loved ones witnessing an ICE arrest, the most helpful thing you can do is document what is happening. If possible, record the event on your phone, and stay clear of the situation without intervening physically. Your role is to capture what’s happening so it can be used to protect the individual’s rights later on.
Have a Plan to Protect Your Rights as an Immigrant in America
Living as an immigrant in America today means being prepared for the possibility of ICE intervention, no matter how careful you are or what your legal status is. Every immigrant family, but particularly Black and Brown immigrant families, should have a clear plan in place for what to do if ICE shows up at their home or attempts to arrest someone in public. Make sure that every family member—especially children—understands that they are not legally required to speak to ICE or allow officers into the home without a warrant. These basic precautions can make all the difference in keeping your rights intact.
If someone in your family is arrested by ICE, it’s important to act quickly. The ICE detainee locator at locator.ice.gov can help you find out where they’ve been taken. Being informed and prepared can lessen the fear that often accompanies these situations and ensure that your family is better protected in the event of an ICE encounter.
Protect Your Rights with Justly Prudent
At Justly Prudent, we’re committed to standing by immigrant communities and protecting their rights. If you have concerns about immigration enforcement or need assistance developing a plan to protect your family, we’re here to help. Contact our office today to discuss your legal needs and learn how we can advocate for you. Your civil rights matter, and we’re ready to fight for them.