In the Trump II Era: What To Do if Approached By ICE

If you or any other undocumented person is approached by Immigration and Customs Enforcement (ICE), it's crucial to know their rights and how to respond in a way that protects them legally and personally. The U.S. immigration system can be intimidating, and ICE agents have broad authority, but there are specific, legal protections in place that can help an undocumented person navigate this challenging situation.
1. Know Your Rights
One of the most important things for an undocumented person to remember is that they have certain rights, regardless of their immigration status. These rights include:

• Right to Remain Silent: An undocumented person does not have to answer questions about their immigration status, where they were born, or whether they are a U.S. citizen. They can politely decline to answer these questions by saying, “I choose to remain silent.”
• Right to an Attorney: If ICE attempts to detain or arrest an undocumented person, they have the right to an attorney. While the government does not provide a lawyer for immigration cases (unless the person is a minor), it’s still advisable to request an attorney before proceeding. They can also call a lawyer for assistance during the process.
• Right to Due Process: Under the U.S. Constitution, everyone has the right to due process, which means they cannot be detained or deported without going through a legal process, including a hearing before an immigration judge.
• Right to Refuse Consent to Search: If ICE agents come to your home or workplace, they cannot search or enter without consent unless they have a warrant signed by a judge. It’s important to ask to see the warrant if they claim to have one. A "Warrant of Arrest" is different from a "Warrant of Removal" or a "Search Warrant," so it’s crucial to verify that the document is legitimate and applicable to the situation.

2. Stay Calm and Composed
When approached by ICE agents, it’s essential to stay calm and not panic. The way you react could impact the situation. Politely ask if they have a warrant and, if so, request to see it. If ICE agents are at your home, you do not have to let them inside unless they show a warrant.
It’s also important not to run away or resist arrest, as doing so could make things worse. Even if the situation feels threatening, running may be seen as suspicious behavior and could lead to more severe consequences.

3. Document the Situation
If possible, document the interaction. This includes noting the names and badge numbers of the ICE agents, the date, and the location. If you have a phone with you, it can be useful to record the interaction, especially if agents are being aggressive or violating rights. However, be discreet, as recording agents may be a legal gray area in some locations.
If there are any witnesses around, make sure they are aware of your rights and ask them to document what happens as well. In some cases, having a witness can help verify that ICE agents did not overstep their authority.

4. Do Not Sign Anything Without Understanding It
If ICE officers present any documents for signature, it’s essential not to sign anything without fully understanding what it is. Signing documents can be interpreted as consenting to deportation or waiving rights, so make sure to read the document carefully and consult with an attorney if possible.
If you are not sure, calmly explain that you would like to review it with a lawyer before signing. Keep in mind that any document you sign could impact your case in the future.

5. Know What to Do If Detained
If an undocumented person is detained, they should:

• Request to Speak with a Lawyer: Make sure to request an attorney immediately. Even if you don’t have one at the time, you can still ask to be connected with legal assistance.
• Do Not Answer Questions About Immigration Status: They do not have to reveal their immigration status or answer questions that could lead to their deportation.
• Request a Bond Hearing: Depending on the situation, an individual may be eligible for release on bond. You have the right to a bond hearing before an immigration judge, where you may be able to argue for release while you await your immigration case to be resolved.
• Contact Family and Friends: If you’re detained, you can call family members or friends to inform them of your situation. They can help arrange for legal support, notify your lawyer, or work on a release plan.

6. Prepare in Advance
​Before an encounter with ICE occurs, it’s wise to be prepared. This includes:

• Having Legal Resources Ready: Keep contact information for a trusted immigration lawyer on hand, as well as any emergency legal documents, such as a power of attorney or documents about your case.
• Create a Family Plan: If you have children or family members, make sure they know what to do in case of an arrest. It can help reduce the stress of the situation if everyone is aware of the next steps.
• Know Your Rights: Educate yourself about your rights in advance. Knowing how to handle a potential ICE encounter can reduce panic and increase your chances of protecting yourself effectively.

7. Stay Informed
​Laws around immigration can change, and policies vary by state and even by city. Stay informed about local "sanctuary" policies or other protections that might apply to your situation. Many cities and states have adopted measures that limit cooperation with ICE, and it’s important to be aware of any legal protections available to you.

Devina is not an immigration attorney, but as so many undocumetned people run into issues with immigration officials at the time of their arrest, she wanted to provide this information.

​If you have a criminal case you'd like to discuss with her, Contact her here.