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Immigration Raids News

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As many of you have already heard, the Department of Homeland Security and U.S. Immigration and Customs Enforcement (ICE) began raids on homes of undocumented immigrants last month. So far there is NO indication of any raids in New York state
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However, here’s a list of tips and rights that you should know in case you feel you could be arrested and detained:

  • The group of immigrants that may be at risk should there be a raid or under current enforcement priorities are those who:
    • have been seen as a threat to the national security, border security or have been convicted of serious crimes, such as gang participation;
    • are either undocumented or a lawful permanent resident but have been convicted of certain criminal offenses whether they are old convictions or more recent ones such as, driving under the influence, drug crimes, domestic violence, unlawful gun possession, and child endangerment;
    • entered the United States or who have been ordered deported after January 1, 2014.

 

Here are some things to keep in mind:

  • ICE cannot conduct raids or enforcement to arrest immigrants at schools, places of worship, hospitals, weddings, funerals, marches or rallies, absent unusual circumstances such as a risk of terrorism.
  • If you feel you might be arrested should there be a raid, you should tell your family now where all of your employment, identity, and other important documents are located. In the case that you are arrested, your family will be able to take your documents to an attorney who can fight your case or explain your options. Make sure that you have an emergency plan.
  • 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. If you are in the process of seeking legal status, you should continue to go to all scheduled appointments with the immigration authorities and court.
  • What to do should ICE come to your home or approach 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, the agent 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 verify 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 Fifth 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 answer 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.
    • 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 documents.