All individuals in the United States have rights, regardless of immigration status. If you happen to encounter and ICE agent, there are steps you can take to help ensure a smooth, incident-free situation. And if you have done all these and still need help with an immigration issue, please contact the immigration attorneys at Kantaras Law.
Create a Safety Plan –
Identify your emergency contacts and memorize their phone numbers. Provide your child’s school or day care with an emergency contact to pick up your child. Provide authorization in writing for your emergency contact to make medical and legal decisions for your child. Tell your loved ones that if you are detained by ICE, they can try to use ICE’s online detainee locator to find you: https://locator.ice.gov/odls/#/search.
Defend your rights –
All persons in the United States have constitutional protections, including the right to remain silent when questioned or arrested by immigration officers, regardless of legal status. Being stopped by immigration officers or other law enforcement can be frightening, but it’s important to stay calm.
Stay Calm –
During any encounter with law enforcement, it’s important to stay calm and do not run, argue, resist, or fight the officer, even if you believe your rights are being violated or you are being treated unfairly. Try to keep your hands where police can see them at all times. Also tell them if you need to reach into a glove compartment or for a wallet to show your papers. Do not lie about your status or provide false documents.
If you are pulled over in a traffic stop, you may ask if the officer is from the police department or immigration. Immigration officers often identify themselves as “police,” but they are not police. You may ask if they are from Immigration and Customs Enforcement (ICE) or Customs and Border Protection (CBP). If they are immigration officers, and you are a U.S. citizen of have lawful immigration status, show your passport, legal permanent resident card, work permit, or other documentation of your status. You should always carry your papers with you. If you are undocumented, you have the right to remain silent and do not have to discuss your immigration or citizenship status with the police, immigration agents, or other officials. Anything you tell an officer can later be used against you in immigration court.
If an officer knocks on your door, do not open the door. Teach your children and family members not to open the door. Officers must have a warrant signed by a judge to enter your home. ICE “warrants” are not signed by judges – they are ICE forms signed by ICE officers and they do not grant authority to enter a home without consent of the occupant(s).
In today’s volatile immigration environment, it’s easy to lose focus and react emotionally. The best thing to do is know your rights and remain calm. And if you need legal counsel on an immigration issue, please contact the immigration attorneys at Kantaras Law.