Knowing your rights when interacting with ICE is critical to protecting yourself and your family. This article explains key constitutional protections, including the right to remain silent, the right to refuse consent to searches, the requirement of a judicial warrant to enter your home, and the importance of speaking with an attorney before signing anything. It also highlights how U.S. citizen allies can safely support and document encounters with law enforcement.
Your Have The Right To Remain Silent
Your right to remain silent is a powerful right under the U.S. Constitution. Exercising this right when approached by ICE can protect you from saying something that they may use to deport you. If ICE approaches you clearly state that you are choosing to remain silent. ICE will likely continue to ask you questions. Remain silent and answer none of their questions until you speak with a lawyer if you are detained, especially about your birthplace, immigration status, or how you entered the United States. ICE may use intimidation tactics to get you to speak or incriminate yourself through actions (e.g., line up according to immigration status). Continue to remain silent and do not fall for their tricks. If you are arrested, your decision to remain silent may change depending on the facts of your case (e.g., your length of time in the United States, if you have a fear of returning to your country, etc.). Speak with an attorney
Remain Calm And Do Not Run Away
If ICE approaches you on the street, do not run away, as this could be a reason for ICE to arrest you. Do not consent for them to search your person or property. Do not provide any foreign or false documents. If ICE questions you on the street, ask if you are free to leave. If they say you are free to leave, calmly and silently walk away. Speak with an attorney about what documentation you should and should not carry with you.
You Have The Right To Demand Judicial Warrant Before Letting ICE Into Your Home
You have the right under the U.S. Constitution to be protected from unreasonable searches and seizures. This means ICE cannot enter your home without a valid judicial warrant. An ICE warrant is NOT a judicial warrant. An ICE warrant does NOT give ICE the authority to enter your home and conduct a search. If ICE claims they have a warrant, do not open the door (even a little) for them to show it to you. Ask them to slip it under the door or show it through a window.
You Have A Right To Speak With A Lawyer If Your Are Arrested
If you are in ICE custody, do not sign anything without speaking with an attorney first as it could eliminate your right to speak with a lawyer or have a hearing in front of an immigration judge.
U.S. Citizen Allies Can Provide A Vital Role
You have a right under the First Amendment to record or take photos in public view of law enforcement and ICE so long as you do not interfere with an arrest. Obtain important information about what you witnessed (names, phone numbers of