The ICE is currently conducting immigration raids in many cities across the United States. Although they prioritize criminal immigrants, anybody can be detained in case of a raid. So it is important that you are prepared for any eventuality. The National Immigration Law Center (NILC) issued several advisories with regards to immigrants’ rights. Some of them are discussed in this article.
Question: What should I do when Immigration Officers approach me in the street?
The NILC suggested the following:
- You generally have the right to REMAIN SILENT.
- You do not have to answer questions about your immigration status, where you were born, where you live, where you are from, or whether you have documents. Even if you have answered some of their questions, you can decide to not answer more questions.
- You should never lie about your immigration status, as that can have serious consequences.
- You have the right to SPEAK TO A LAWYER. You should speak to a lawyer before you answer questions about your background or immigration status.
- If you have valid immigration documents, you should show them when asked. The law requires immigrants who have been issued valid immigration documents to carry those documents with them at all times.
- If you are undocumented, you can refuse to answer questions about your immigration status or whether you have documents.
Question: What should I do when Immigration knocks on my door?
The NILC suggests the following:
- DO NOT let Immigration into your home and DO NOT step outside. Immigration must have a warrant signed by a judge or an occupant’s consent to enter your home. ICE will often trick you into giving consent by saying they are investigating a crime or need to “take a quick look around” or “come in to talk.” They might also show you a warrant that isn’t signed by a judge.
- ASK to see the warrant. They can slip it under the door or hold it up to a window. Do not step outside.
- CHECK if the warrant is signed by a judge. If they do not have a warrant or it isn’t signed by a judge, say, “I don’t want to talk right now.” or “I do not have to let you in.”
Question: What other preparations should undocumented do?
Undocumented should contact an immigration attorney to handle their case so that they know what to do and to contact whenever there are problems coming their way. They should also renew their passport and have their birth certificate and marriage certificate available. In addition, they should have the contact phone number of all their relatives and friends who they need to contact in case of emergency. The most compelling action is to file any application with USCIS for adjustment of status or asylum before Immigration raids happen.
Note: This is not legal advice.
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Chris Caday Lozano, Esq. is an active member of the State Bar of California, the American Immigration Lawyers Association and San Francisco Trial Lawyers. He has practiced immigration law, bankruptcy, and income tax representation since June 1999. His contact phone is 1-877-456-9266, email: [email protected] Website: www.crispinlozanolaw.com/ with offices in Hayward and Cerritos, CA.
