Know Your Rights During An ICE Encounter
ICE officers making an arrest (Source: Picryl)
Mass deportation raises serious concerns about human rights, community stability, and the legal protections afforded to individuals, regardless of their immigration status. However, the likelihood of being targeted in an Immigration and Customs Enforcement (ICE) raid depends on the government’s priorities. Understanding the priorities that determine enforcement and the vulnerability of those targeted is crucial for immigrants without proper legal documentation.
Who Is Most Likely to Be Affected?
The government’s priority targets for arrest and immediate deportation include several categories of individuals:
Criminal Convictions: Individuals with final criminal convictions for aggravated felonies or those deemed threats to national security and public safety are prioritized for deportation. This category often includes individuals with complex legal and humanitarian situations.
Outstanding Orders of Removal: Those with final orders of removal and no pending appeals are a primary focus. However, this does not apply to cases that are still open, administratively closed, or terminated, providing a small window of reprieve for some.
Recent Entrants: Those who entered the United States within the last two years and are within 100 miles of the U.S. border are at heightened risk. These individuals often lack deep ties to the community and may face expedited removal.
Unauthorized Presence: Many immigrants present without proper documentation fall into this broad category. These individuals may have overstayed visas, been victims of misinformation, or faced unique personal circumstances. Specific examples include but are not limited to:
● Individuals unable to file timely extensions or status changes due to unforeseen circumstances.
● Victims of abusive relationships unable to self-petition for relief.
● Those misled by unscrupulous agents about their immigration status.
● Immigrants brought to the U.S. as children who are ineligible for Deferred Action for Childhood Arrivals (DACA) will be affected if there are policy changes.
● Individuals with Temporary Protected Status (TPS) if there will be policy changes.
● Individuals overstaying visas to care for ill relatives or dependents or for other personal reasons.
Basic Rights of Unauthorized Immigrants
The Fifth and Fourteenth Amendments of the U.S. Constitution guarantee due process and equal protection to ALL people in the United States including undocumented immigrants. Despite their immigration status, individuals in the United States are entitled to certain constitutional protections.
What to Do If ICE Knocks on Your Door
Right to Remain Silent: You can assert your Fifth Amendment right to remain silent. Refuse to answer questions about your birthplace, immigration status, or how you entered the U.S. Politely state that you will not speak until you have consulted with a lawyer.
Right to Demand a Warrant: ICE agents cannot enter your home without a warrant. If they claim to have one, ask them to slide it under the door or show it through a window. Verify that it is signed by a judge and contains your correct name, address, and date of birth. Without a valid warrant, you are not obligated to allow entry.
Right to Refuse Document Requests: Do not provide any documents or consent to searches without consulting a lawyer. Assert your right to legal counsel before sharing any information or documentation.
What to Do If Taken Into Custody
Remain Calm and Polite: Though detention is a stressful experience, maintaining composure can help protect your rights. Avoid confrontations and remain respectful.
Right to Refuse Signing Documents: Do not sign anything without consulting a lawyer. You may inadvertently waive your rights to legal representation or a hearing, leading to immediate removal.
Right to Legal Counsel and a Phone Call: Have your attorney’s contact information readily available. While ICE does not provide legal representation, you are entitled to contact a lawyer. Use your phone call wisely to coordinate legal assistance or inform a trusted individual of your situation.
Right to legal counsel (Source: Pexels | Photo by Sora Shimazaki)
Due Process Right to a Hearing: Under the Fifth Amendment, all individuals—regardless of immigration status—are entitled to due process. Detainees typically have the right to a hearing, except for those apprehended near the border or lacking two years of physical presence in the U.S. Requesting a bond hearing may allow temporary release pending the resolution of your case.
Right to Appeal: A removal order is not final. You can appeal to the Board of Immigration Appeals (BIA) and, if necessary, to Federal courts for certain legal issues. While stays of removal during federal appeals are not automatic, they can be requested.
Right to Consular Access: Detainees have the right to contact their home country’s consulate. For example, Filipino citizens can reach out to the nearest Philippine Consulate for assistance with family communication and legal support.
Proactive Steps to Protect Yourself
Preparation can mitigate the risks associated with potential ICE raids or detention. Consider taking these steps:
● Organize Important Documents: Gather identification, proof of residence, and other critical documents. Store them securely in an accessible location.
● Consult Legal Counsel: Discuss your case with a trusted immigration attorney to explore possible options for relief while there is time to do so.
● Connect with Advocacy Groups: Identify and familiarize yourself with local organizations that provide resources and support for immigrant communities.
● Draft and Share a Preparedness Plan: Create a plan for your family, including financial and emotional support, in case of detention. Share this plan with a trusted individual or your lawyer. Ensure trusted individuals are aware of your plans and can act on your behalf if necessary.
● Avoid High-Risk Areas: Stay away from places or events where ICE raids are likely.
● Verify Information Sources: Rely on reputable sources for immigration-related updates. Avoid suspicious links or misinformation on social media.
● Be Mindful on Social Media: Avoid posts that could attract attention or be misconstrued.
By asserting their rights and seeking legal support, undocumented individuals can navigate this challenging environment.
Conclusion
Mass deportation poses a grave threat to the immigrant community, but knowledge and preparation can provide a vital defense. By asserting their rights and seeking legal support, undocumented individuals can navigate this challenging environment. As a nation built by immigrants, it is imperative to advocate for humane and just immigration policies that reflect 21st-century realities. Only through education, community support, and legislative comprehensive immigration reform can we protect the rights and dignity of all individuals in the United States.
Atty. Lourdes Tancinco is an immigration attorney and immigrant rights advocate based in the San Francisco Bay area and a partner at the Tancinco Law P.C., law firm established in 1992. She is also a producer/host of Pusong Pinoy sa Amerika, an immigration law informational show aired on GMA Pinoy TV. She may be reached at law@tancinco.com, www.tancinco.com, facebook/tancincolaw, or at 1-888-930-0808
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