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Reports of Increased Immigration Enforcement Efforts by ICE – Know Your Rights

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Recent reports indicate that the Department of Homeland Security (DHS), Immigration Customs Enforcement (ICE) has plans again to launch a “surge” of arrests targeting recently arrived Central American woman and children over the next 30 days.

There is NO indication of any increased enforcement efforts in New York State or City at this time.

However, 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:

  • The group of immigrants that may be at risk should there be a raid are only:
    • If you have been seen as a threat to the national security in the past
    • If you 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.
    • If you entered the United States after January 1, 2014 and have either:
      • Were ordered deported or removed in immigration court after January 1, 2014;
      • Agreed voluntarily to return to your home country
      • Arrived after January 1, 2014 and have overstayed your visa status
      • You did not go to court for a hearing and were ordered deported (HOWEVER if you have a case pertaining to this right now and are going to court you should not be at risk)
  • ICE cannot do 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 documents.

For more Know Your Rights information in English and Spanish.