Immigrant Rights and Law Enforcement

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If you are a recent immigrant, you may be feeling anxious about possible encounters with law enforcement officials or agents with Immigration and Customs Enforcement (ICE). We at Goldstein & Associates wish to outline what to do if ICE agents come to your house, as well as what rights you have.

Your Rights if ICE Agents are at Your Door

All information below is a repost of an original article from the American Civil Liberties Union. See the original article at: https://www.aclu.org/know-your-rights/what-do-if-immigration-agents-ice-are-your-door.

1. If officers are at your door, keep the door closed and ask if they are Immigration agents, or from ICE. Ask the agents what they are there for. Opening the door does not give the agents permission to come inside, but it is safer to speak to ICE through the door. If the agents don’t speak your language, ask for an interpreter.

2. If the agents want to enter, ask them if they have a warrant signed by a judge. If ICE agents do not have a warrant signed by a Judge, you may refuse to open the door or let them in. An administrative warrant of removal from immigration authorities is not enough. If they say they have a warrant, ask them to slip the warrant under the door. Look at the top and at the signature line to see if it was issued by a court and signed by a judge. Only a court/judge warrant is enough for entry into your premises. One issued by DHS or ICE and signed by a DHS or ICE employee is not.
a. An example of an order by a judge: https://www.aclu.org/files/kyr/kyr_abra-la-puerta.pdf
b. An example of an order by ICE: https://www.aclu.org/files/kyr/kyr_no-abra-la-puerta.pdf

3. Do not open your door unless ICE shows you a judicial search or arrest warrant naming a person in your residence and/or areas to be searched at your address. In all other cases, keep the door closed. State: “I do not consent to your entry.”

4. If agents force their way in anyway, do not attempt to resist. If you wish to exercise your rights, state: “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 with a lawyer as soon as possible.” Everyone in the residence may also exercise the right to remain silent.

5. Do not lie or show false documents. Do not sign any papers without speaking to a lawyer.

If you are concerned about how this may affect you or your family, or if you have any other immigration needs, feel free to contact us online or call our office at 412-258-8080.