What Noncitizens Should Do When Confronted by Immigration Officials in US

For immigrants and undocumented migrants in the United States, understanding one’s rights during an encounter with US Immigration and Customs Enforcement (ICE) is vital.

ICE, a federal agency within the Department of Homeland Security (DHS), is responsible for enforcing immigration laws, investigating illegal activities, and safeguarding national security. The agency operates with an annual budget of approximately $8 billion. It employs about 20,000 individuals divided between two primary divisions: Enforcement and Removal Operations (ERO), which focuses on deportations, and Homeland Security Investigations (HSI), which addresses serious offences such as human trafficking, immigration fraud, and drug smuggling. When ICE agents arrive at a residence, individuals need to remain calm and aware of their rights.

The American Civil Liberties Union (ACLU) advises individuals to keep their doors closed and verify the agents' identity before any interaction. This practice can provide a level of control over the situation. Upon confirming the agents’ identity, asking about the purpose of their visit without immediately granting entry is recommended. In cases where language barriers exist, requesting an interpreter can facilitate effective communication. A crucial step in these encounters is verifying whether ICE possesses a judicial warrant. Individuals should ask agents to slide any warrant under the door for review.

A judicial warrant, issued by a judge, is specific in its scope, detailing names and addresses involved. Conversely, an administrative warrant from DHS or ICE does not authorize entry into a home. If no valid judicial warrant is presented, individuals have the right to deny access, clearly stating, "I do not consent to your entry." If agents force their way inside, individuals should not physically resist. Instead, they can assert their rights by stating, "I do not consent to your entry or search of these premises. I am exercising my right to remain silent and would like to speak with a lawyer."

It is important to remember that all residents have the right to remain silent, and no one should sign any documents or provide misleading information without consulting an attorney. Should ICE agents show up at a workplace, employees should also maintain composure and be aware of their rights. The Center for Human Rights and Constitutional Law emphasizes that workers have the right to keep silent regarding their immigration status and can seek legal counsel before responding to inquiries. If ICE requests to enter private areas of the workplace, they are required to show a judicial warrant.

During an ICE raid, employees need to stay calm, avoid interfering with the agents, and appoint a designated individual to communicate with ICE while documenting the encounter, including agents' names and badge numbers. Employees should notify their attorneys immediately about the raid and refrain from providing false information or documentation. Familiarity with employer policies regarding ICE interactions can help protect everyone's rights and safety. If an individual is detained by ICE, family and friends can locate the detainee via ICE’s Online Detainee Locator System, using the individual's full name and Alien Registration Number (A number).

They can also reach out to the local ICE office or call the Detention and Reporting Information Line at 1-888-351-4024 for details on the detainee’s status. Detained individuals have the option to request a bond, a monetary amount that ensures attendance at future court hearings. If the bond is deemed too high or is outright denied, a bond hearing can be requested once again before an immigration judge. To enhance the chances of securing a bond, individuals may present evidence of community ties, such as employment records, housing agreements, or support letters.

However, those who have recently arrived in the country or possess certain criminal records may face bond ineligibility. For individuals struggling to pay bond fees, the National Bail Fund Network offers resources for community bail funds that may be able to assist. Their website provides a comprehensive directory of organizations capable of offering support in these situations.