A Comprehensive ICE Encounter Guide.
So, because of a recent uptick in ICE raids and Trump removing pretty much all remaining protection for immigrants, I've decided to compile a bunch of research and resources to help you know your rights. Specifically to combat the risky and even down right dangerous advice going around. Knowing your rights whether you're an immigrant or not is important, and can enable you to help your friends, family and community.
Disclaimer: I am not your lawyer, do your own research! Especially if you or your family are high risk (visibly BIPOC).
Firstly, what to do if you are stopped by ICE or Police.
Keep your hands visible at all times.
Memorise important phone numbers (family, lawyer), or keep them on you at all times.
Do NOT lie about your status.
Carry your immigration papers or ID on you at all times.
Some states require that you give your name to law enforcement if they ask for it, know your states laws, and do not lie.
If you're asked to show your immigration papers, you must if you have them on you.
Do not say anything to them, do not sign anything, do not make decisions without lawyers. Exercise your right to silence.
If you are without your papers, EXERCISE YOUR RIGHT TO SILENCE, say "I would like to remain silent until i speak to a lawyer."
If you're arrested by police, you have the right to a free government appointed attorney. If you're arrested by ICE, you have the right to an attorney but not a free government one, so you should ask for a free or low cost list of attorneys or already have the number for one on you.
You can say no to being searched, they do not have the right to search you without probable cause, the only exception is they may pat you down over your clothes.
If you believe your rights were violated, write down and date everything you remember as soon as you can. Badge numbers, patrol car numbers, names, agencies they're from, witnesses, and file a complaint with the relevant agencies.
What to do when ICE or the police come to your home.
Keep the door closed. It is much safer to speak to them through the door. TEACH YOUR CHILDREN THIS.
Ask: Are you immigration agents? What are you here for? Ask to see their badge through a peep hole or window, ask if they have a warrant and if they do make them slide it under the door or show you through a window.
DO NOT open the door unless they show you a search or arrest warrant signed by a judge specifically naming someone residing in your property or the specific areas to be searched at that specific address. You can find samples of warrants here.
A police arrest warrant allows them to enter the home if they believe that the person is inside BUT a warrant for deportation DOES NOT allow officers to enter the home without consent.
If they do not produce a warrant, or the warrant is just for deportation, say "I do not consent to your entry."
If they force their way in anyways, do not resist. Repeat "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 to a lawyer."
Do not produce false documents.
And do not talk to them or sign anything until you get a lawyer.
Once again, If you believe your rights were violated, write down and date everything you remember as soon as you can. Badge numbers, patrol car numbers, names, agencies they're from, witnesses, and file a complaint with the relevant agencies. In this case, camera footage from home cameras can also be extremely useful, make sure any relevant footage is saved and copied onto several devices.
What to do when ICE or the police come to your work/school/church.
If you're a US citizen and feel safe doing so, record the activity or immediately write down information on what you witnessed, but do not interfere or obstruct the operation. This can include yelling, running, throwing things, and so on.
If you are a citizen, ICE do not have the right to detain, arrest or question you. If they do, tell them you are a US citizen, ask for their name and badge number and say you wish to remain silent until you talk to a lawyer. Then talk to that lawyer about filing a lawsuit for fines and monetary damages. Seriously.
Do not carry false documents.
Say you wish to remain silent and speak to a lawyer.
Do not speak or sign anything until you talk to a lawyer.
In all scenarios, especially for non-English speakers, it's a good idea to carry a know your rights card. The immigrant legal resource center has printable red cards with guidance on it and you can hand it to an officer of any kind and on the back, in English it invokes your right to silence and to a lawyer. This can be presented to the Police or ICE in any situation. Printable versions of these cards in many different languages can be found here. Keep your paperwork and these cards on you and your family, especially your children at all times. Spread the existence of these cards on your social media and in your communities.
The best thing you can do as an immigrant, for you and your family, is just be prepared. For US citizens and those unlikely to be targeted, it's to provide aid and record injustices and violations of rights. But with that, it is so important you do not spread false information or dangerous advice, or misreport any ICE sightings. Local immigrant resource organizations are creating hotlines that the public can report ice sightings to, and they have social media pages too. Find your local one online, and you can get the most accurate information from them. Report any ICE sightings you see to them, too. Spread their existences on your social media and in your communities. But most importantly, stick together and do not let this hard time define our futures. As my favourite poem goes,
"You may write me down in history With your bitter twisted lies, You may trod me in the very dirt
But still, like dust, I'll rise."
Resources:
printable red cards
iamerica know your rights cards
know your rights, immigrant justice
know your rights, aclu
