MICHAEL O. ALLEN

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KNOW YOUR RIGHTS: If You Encounter ICE

By February 1, 2025February 7th, 2025No Comments

And so it has come to pass, well into the 21 st Century, that whole communities are being terrorized by U.S. Immigration and Customs Enforcement (ICE) agents on American soil in search of people who “look like immigrants” so the new administration of Donald Trump can throw them out of the country and/or into detention camps.

Immigrants, even undocumented migrants, have rights and here are some precautions you should take:

Do’s & Don’ts

  • You are not obligated to open your door to ICE agents so don’t open the door.
  • Ask to see a warrant and ask them to slip it under your door so you can examine it.
  • The officers need to show you the right type of warrant, which is a judicial warrant signed by a judge.
  • A judicial warrant authorizes ICE officers to enter a home, question people and, potentially, detain them.
  • An ICE warrant, which is usually signed by the officers, does not authorize the officers to enter your place of residence.
  • Ask the agents to get a judicial warrant signed by a judge.
  • Non-citizens such as green card holders and people with Employment Authorization Document (EAD) are required to carry identification.
  • If you don’t have identification (or you don’t have legal status), remember:

YOU HAVE A RIGHT TO REMAIN SILENT!!!

  • You are not required to answer questions from agents who approach you.
    Do not speak to anyone until you are provided with an immigration lawyer.
  • If you have a case in progress, carry copies of receipts of the case around with you.
    While the receipts won’t stop you from getting detained, they will help your attorney get you out of detention.
  • If you’re a U.S. citizen, especially if you look ethnic, get in the habit of carrying your passport on you in case you get swept up in a raid and being detained. It is not unheard of!!!

TRAVEL WITHIN THE U.S.

  • Be very careful and don’t travel if you don’t have to.
  • Remember, you’re liable to be pulled over by law enforcement at any time while driving.
  • There could be checkpoints while trying to board a bus or train.

INTERNATIONAL TRAVEL

  • Again, be very careful. Don’t travel if you can help it.
  • Green card holders, and people with advance parole travel document that allows certain noncitizens to leave the United States and return without applying for a visa and those Employment Authorization Document (EAD) cards should refrain from traveling during Trump’s term in office.
  • Green card holders who encounter problems returning to the U.S. should ask the official that they wish to see an immigration judge and want to be placed in proceedings.
  • That should allow you to see a judge where you could get a chance to enter the U.S.

FINALLY,

  • If you have any criminal history, even if you were just charged but not convicted, refrain from driving or traveling.

RESOURCES:

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