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Know Your Rights if ICE Visits Your Home
Contributor: Van T. Doan
If you are living in the United States as an immigrant, especially an undocumented immigrant, you may be especially concerned about the immigration policies of the new presidential administration. But even undocumented immigrants have rights under the United States Constitution. Understand your rights in order to protect yourself and your family if Immigration and Customs Enforcement (ICE) comes to your home.
You May Not Have to Open the Door to ICE Officers
It is very frightening to have federal officers at your door, insisting that you open the door and let them in. However, you may not be legally required to do that, even if they say they have a warrant. It depends on the type of warrant they have and whether it is signed by a judge.
If the warrant is a valid search warrant signed by a judge, and it has your correct name and address on it, you do need to open the door. To be sure that the officers’ warrant entitles them to enter your home, ask that they slip it under the door or hold it up to a window. If it does not have your correct name and address and is not signed by a judge, you don’t have to open the door or let the officers inside.
If you want to talk to the officers, but don’t want to let them in your home, you can speak to them through the door or go outside and close the door behind you. Even if the officers don’t have a warrant that allows them to enter your home, they can enter if you invite or allow them in, so be careful not to do so unless you have to.
IMPORTANT: An ICE deportation warrant is NOT the same as a search warrant signed by a judge. An ICE deportation warrant does not authorize officers to enter your home.
You Have the Right to Remain Silent
You do not need to answer immigration officers’ questions or even speak to them, including if they ask you where you were born or how you entered the United States. You can simply refuse to answer. You are allowed to say, “I choose to remain silent.” You also do not have to show any identification documents that say what country you came from.
It is a good idea to have a “Know Your Rights” card available to show to immigration officers. These cards are available in English and Spanish and can be printed at home or by a professional printer. Showing this card to an immigration officer explains that you want to remain silent and want to talk to a lawyer.
IMPORTANT: Although you have the right to remain silent, if you do choose to speak to the officer or to present documents, do not lie and do not present falsified documents.
You Have the Right to Talk to a Lawyer
If you are taken into ICE custody or otherwise detained, you have the right to try to find an attorney to help you and to receive a telephone call from your attorney. When you are taken into custody, you have the right to a copy of the National Detainee Handbook, which is available in 19 languages, including English, Spanish, and Arabic.
You may not have a lawyer at the time you are detained, but you can still tell the immigration officers that you want to speak to one, and ask for a list of pro bono lawyers who represent clients for free. You also have the right to contact the consulate for your home country. Someone at the consulate may be able to help you find a lawyer.
If you already have an immigration lawyer, you have the right to talk to them. If you have a signed form (Form G-28) that shows you are represented by a lawyer, show it to an immigration officer.
IMPORTANT: You have the right to refuse to sign any paperwork until you have had the chance to speak to a lawyer. If you do decide to sign any document without first speaking to a lawyer, make sure you completely understand what the document says and how it affects your rights before you sign it.
Work with an Experienced Immigration Lawyer
Many things are changing quickly with the new presidential administration, and you may have many questions, especially if you or anyone in your family is an undocumented immigrant. Unfortunately, many scammers may try to take unfair advantage of desperate people looking for help. If you have concerns, it is important to speak with a licensed, experienced, immigration attorney.
To learn more about your legal rights as an undocumented immigrant or to get legal help with your case, contact our law office to schedule a consultation.
Categories: Immigration Law