Reports indicate that the Department of Homeland Security (DHS), Immigration Customs Enforcement (ICE) has launched enforcement actions targeting individuals throughout the United States.
Over the past week, 41 individuals were arrested in New York City under this enforcement action.
Here is a list of tips and rights that you should know in case you feel that in the future you could be arrested and detained by ICE:
- Under new federal enforcement priorities, noncitizens at most risk of a targeted raid include those with valid immigration status who were convicted of certain crimes and those without lawful status who are
- Convicted of ANY criminal offense
- Charged with ANY criminal offense where the charge is “not resolved” (pending or open cases)
- Committed “acts” that constitute a “chargeable criminal offense,” which may include prior unlawful entry into the U.S., workplace fraud or identity theft and minor offenses such as driving without a license, traffic tickets, etc.
- Subject at any time to a final order of removal and have not departed
- Suspected of fraud or willful misrepresentation in their immigration cases
- An “abuser” of any government benefit program
- A threat to public safety and security in the “judgment” of an “immigration officer,” which may include visa violators, suspected gang members
- Should you feel that you are at risk here are some hotlines to call:
- In New York, if you have questions or concerns about potential ICE raids, call the The New York State Office of New Americans “New Americans” Hotline: 1-800-566-7636
- New Yorkers can contact the Legal Aid hotline by calling – 844-955-3425 for assistance in various languages to families who have an immediate ICE detention case, questions about their rights or other pressing immigration concerns.
- If you want to report a raid within NYC, call the Immigrant Defense Project at 212-725-6422. If you want to report a raid outside of NYC, contact United We Dream at 1-844-363-1423
- ICE cannot conduct raids to arrest immigrants at schools, places of worship, hospitals, weddings or funerals.
- If you feel you might be arrested, should there be a raid, you should tell your family now where all your employment and other documents are pertaining to your identity and theirs. In the case that you are arrested they will be able to take your documents to an attorney who can fight your case or state your options.
- If you feel you might be arrested in a raid in the future you should see an attorney now to find out information about your options.
- What to do should ICE come to your home or approaches you in public:
- ICE agents might wear plain clothes or say they are police or say they are investigating a crime.
- If ICE comes to your home they should have a warrant signed by a judge. If they do not have a warrant signed by a judge you DO NOT have to open your door. Ensure that they slip the warrant under your door and that the warrant has your name on it before opening the door.
- Ask an ICE agent to see their ID
- Inform them if there are children or elderly people in your home.
- If any ICE agent does not have an ID or signed warrant with a judge’s signature and your name on it, politely tell them “I do not consent to you being in my home. Please leave.” If they search your rooms say “I do not consent to your search”.
- You DO NOT need to answer any questions that an ICE agent might ask. Under the 5th amendment you have the right to remain silent.
- Should you answer any questions that an ICE agent asks you, DO NOT lie about your answers. The best thing to do in this situation is to remain silent and politely decline to answering their questions.
- Anyone who is arrested must be told these four things before being questioned by the police:
- You have the right to remain silent
- Anything you say can and will be used against you in a court of law
- You have the right to an attorney
- If you cannot afford an attorney, one will be appointed for you. So stay silent until you have an attorney present.
- DO NOT sign any papers that ICE gives you without first speaking with your attorney.
- You DO NOT need to share information on where you were born or your immigration status.
- You DO NOT need to give them your passport or other immigration documents.
- Let ICE officers know if you have children, health problems, or other factors that may cause you or your family to suffer if you are arrested.
For more Know Your Rights information in English and Spanish.