Immigrants and undocumented migrants have rights when interacting with U.S. Immigration and Customs Enforcement (ICE). Understanding these rights is essential to protecting yourself and your family. This guide explains what ICE is, how its agents operate, and how you should respond during encounters.
What is ICE?
ICE is a federal agency under the U.S. Department of Homeland Security (DHS) tasked with enforcing immigration laws, investigating illegal activities, and protecting national security. ICE is responsible for enforcing immigration policies, including the detention, deportation, and removal of people in the U.S. without legal status.
With an annual budget of about $8 billion and 20,000 employees, the agency has two main divisions: Enforcement and Removal Operations (ERO), which handles deportations, and Homeland Security Investigations (HSI), which focuses on criminal activities such as human trafficking, immigration fraud, and drug smuggling.
What to do if ICE comes to your house
If ICE agents come to your door, it’s crucial to understand your rights and handle the situation safely. According to the American Civil Liberties Union, the first thing to do is to remain calm and avoid panic. If agents are at your door, keep the door closed and ask through it whether they are immigration agents from ICE. This helps you control the situation without immediately letting them inside.
Once you’ve established who is at the door, ask them the purpose of their visit. It is generally safer to speak to ICE agents through the door rather than opening it right away. If the agents do not speak your language, ask for an interpreter to assist with communication. This ensures that you fully understand what is happening.
One of your key rights is asserted when you verify whether the agents have a judicial warrant. You can ask them to provide a warrant signed by a judge, and if they claim to have one, request that they slide it under the door for inspection.
Carefully examine the warrant they provide. A judicial warrant, which must be issued and signed by a judge, will specifically list a person’s name and/or areas to be searched within your home. An administrative warrant issued by the Department of Homeland Security (DHS) or ICE, signed by an immigration officer, does not have the authority to grant entry into your home. If ICE agents do not present a judicial warrant, you are legally within your rights to refuse them entry. In this case, it is important to state clearly, “I do not consent to your entry.”
If the agents attempt to force their way inside, do not physically resist. Clearly state, “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.”
Everyone inside the residence has the right to remain silent, so exercise this right. It’s also essential to not sign any documents or provide false information. Before signing anything, consult a lawyer to ensure you fully understand your rights and the legal implications of any paperwork. By knowing and asserting your rights, you can protect yourself and your family during an encounter with ICE.
What to do if ICE comes to your workplace
If you encounter ICE agents at your workplace, it’s important to understand your rights and stay calm.
According to the Center for Human Rights and Constitutional Law, employees have the right to remain silent and not answer questions about their immigration status. Workers also have the right to legal counsel, meaning you can wait to consult an attorney if you are approached by ICE.
If ICE agents seek access to private areas of a workplace, you have the right to request a warrant signed by a judge, and they must show it before entering restricted spaces.
During an ICE raid, workers should remain composed and avoid obstructing or resisting agents, as this could lead to legal consequences. It’s recommended to designate a point person to communicate with ICE and document any relevant details, such as the names and badge numbers of agents. Inform your attorney about the raid as soon as possible, and avoid providing false information or fraudulent documents. Additionally, employees should be familiar with their employer’s policies on handling ICE encounters to ensure the safety and rights of everyone involved.
You can download a Know Your Rights card from the Immigrant Defense Project. The card provides essential information about legal rights when interacting with U.S. Immigration and Customs Enforcement (ICE) and is available in multiple languages, including Simplified and Traditional Mandarin, Haitian Creole, French, and Spanish.
What to do if ICE detains you
Your family or friends can find out where you are being held through ICE’s Online Detainee Locator System, available at https://locator.ice.gov/odls/#/index. To use this system, they will need your full name and your Alien Registration Number (A number), which is usually listed on immigration documents.
Also Read: How to Use ICE’s Detainee Locator System
Additionally, they can contact the local ICE office or call ICE’s Detention and Reporting Information Line at 1-888-351-4024 to request information about your location.
Requesting bond for release
In many cases, individuals detained by ICE have the right to ask for bond, which is a sum of money paid to the government as a guarantee that you will attend future court hearings. You can request that ICE set a bond amount, and if the amount is too high or ICE refuses to set one, you have the right to request a bond hearing before an immigration judge. During this hearing, the judge will assess whether you pose a danger to others or are likely to appear for your court dates.
To improve your chances of securing a bond, it is helpful to provide evidence of your ties to the community, such as pay stubs, a signed lease, or support letters from family members, friends, clergy, or employers. Keep in mind that if you recently arrived at the border or have certain criminal convictions, you may not be eligible for bond. You must consult an immigration lawyer to better understand your eligibility.
Also Read: Pro-Bono Lawyers And Free Legal Services in New York Immigration Courts
Getting help with bond payments
If the bond amount is set higher than you or your family can afford, you may be able to get assistance from a bond fund. The National Bail Fund Network offers a directory of community bail funds that might be able to help. On their website you will find a list of organizations providing support in these situations.
