Resources

Everyone – both documented and undocumented persons – has rights in this country. Talk to everyone in your family (including children) and household to make sure they all know what to do if approached by immigration officials (ICE) or if immigration officials (ICE) come to your house.

• Talking to ICE. What do you do? 
  • You have the right to remain silent and can refuse to answer ICE’s questions. Say that you want to remain silent until you speak with a lawyer. Do not answer any questions, especially about your birthplace, immigration status, or how you entered the United States. Do not give them any personal information about yourself or anyone in your family. Have your children and others in your family and household practice saying “No” to ICE.
  • In public, you can ask if you are free to leave. If the answer is “yes,” calmly, slowly, and quietly walk away. If they say “no,” stay where you are.
  • You have the right to refuse to sign anything before you talk to a lawyer. Do not sign anything you do not understand and agree with. That could eliminate your right to speak with a lawyer or have a hearing in front of an immigration judge. This may result in you being deported immediately without a hearing. If you wish to remain in the United States, ask to go before the immigration judge.
  • You have the right to speak to a lawyer and the right to make a phone call. Make sure to memorize or carry the phone numbers of the person you will call in an emergency. Ideally, this person would be someone who can put your plans and wishes into place, call your immigration attorney, and access your important documents.

• ICE at your door. What do you do?
  • Do not open the door for ICE or any police officer without a signed warrant. You do not need to open the door unless an ICE agent can show you a warrant signed by a judge with your specific and correct name and address on it. If ICE knocks on your door, ask them to slide the search warrant under the door or show it through a window. Make sure the warrant is signed by a judge and has your address on it. If ICE or the police do not have this, then you do not have to open the door. Once you open the door, you lose certain rights.
  • Keep a Know Your Rights red card on you and by your door at all times. The red card explains your rights and that you do not have to open the door. You can slide it under the door to ICE, show it to ICE, or read the English side of the card to ICE. Have your children and other family members practice showing it or sliding it under the door.
• ICE at Workplaces:
  • Without a judicial warrant, ICE agents need YOUR permission to enter private areas of your business.
  • If ICE agents tell you that they have a judicial warrant, ask for a copy and read it. The employer can accept the warrant but still decline to consent to the search.
  • Administrative warrants are not from a court. They say “Department of Homeland Security” and are on Forms I-200 or I-205.
  • Immigration officials may enter public areas of your business. This does not give them the right to stop, question, or arrest just anyone. ICE cannot enter a private area of your business without your permission or a judicial warrant. To show that some areas are private, mark them with a “Private” sign. Keep the doors closed or locked and have a policy that visitors and the public cannot enter those areas without permission.
  • Immigration agents can enter a private area ONLY IF they have a judicial warrant.
  • A judicial warrant must be signed by a judge and say “U.S. District Court” or a State Court at the top.
  • If ICE agents try to enter a private area, you should say: “This is a private area. You cannot enter without a judicial warrant signed by a judge. Do you have a judicial warrant?”
  • Sometimes, ICE agents try to use an administrative warrant to enter. But an administrative warrant does NOT allow agents to enter private areas without your permission.
  • If ICE arrests any of your co-workers, ask where they are being taken. This information will help the worker’s family and lawyer find the person.

View the entire lesson plan by Tanggol Migrante and Defend Migrants Alliance here!

Warrants and Subpoenas 

This form lets ICE share your immigration records with someone you choose (like a lawyer, family member, or a community organization).

More information here.

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