When an ICE agent knocks

View in spanish / Ver en español

ICE agents are not police officers, but they often try to trick people into thinking they are cops, in order to get people to open their doors and start an encounter that might lead to a deportation. Therefore:

Don’t talk to cops. Especially during the planned raids this week.

The best situation is when your friends, family, and neighbors have the attitude of not talking to any cops, or at least not ICE agents pretending to be cops. Establish an agreement that regardless of anyone’s citizenship status (which you should not reveal), no one will open the door to a police officer of any kind. Even if none of your friends, family, or neighbors are undocumented, make this decision on principle of solidarity. Maybe a few more people will finally stop talking to cops altogether!

When you are served a letter from ICE attempting to detain and deport someone:

NO ONE except a judge can force you to cooperate with ICE.

The letter is from DHS, NOT a court.

They try to serve FAKE WARRANTS that were not signed by any judge, but rather an immigration officer. Only a judge from the court system can serve an actual warrant for your arrest.

You should ignore these fake warrants.

Also, police officers cannot be used to take you away with a so-called ICE “warrant”, because immigration is not within their domain of law enforcement.

Quote: “ICE warrants are administrative warrants that “do not grant the same authority as a criminal search or an arrest warrant.” Unlike criminal warrants, an ICE warrant is not reviewed or issued by a neutral magistrate. Further, it does not confer authority to enter private spaces to execute an arrest or search. An ICE warrant does not compel any local law enforcement officer to take action of any kind; it is exclusively directed to ICE agents.”

And quote from ACLU:

ICE Agents at your place of work:

  • Ask if you are free to leave. If so, you may calmly walk out.
  • You have the right to refuse consent to a search. Say out loud that you do not consent to a search of your belongings.
  • You have the right to remain silent. You do not have to discuss your immigration status with anyone, such as about where you were born, whether you are a citizen, or how you entered the country. But if you have valid immigration documents, you should show them. Never provide fake documents.
  • If you’re arrested, say that you wish to remain silent until speaking with a lawyer.
  • You have the right to record your interaction with immigration agents so long as you do not interfere.

ICE Agents showing up at your door:

  • Don’t open the door, but be calm. You have rights.
  • Ask what they are there for, and ask for an interpreter if you need one.
  • If they enter, ask if they have a warrant signed by a judge* (see above) and if so, ask to see it (through a window or slipped under a door, do not open the door). Otherwise, ask them to leave it in the mailbox.
  • If they do NOT have a warrant signed by a judge* (see above), you may refuse to let them in. Ask them to leave any information at your door.
  • If they force their way in, don’t resist. Tell everyone in the residence to remain silent.
  • If you are arrested, remain silent and do not sign anything until you speak to a lawyer.

* An ICE administrative warrant (form I-200, I-205) does not allow them to enter your home without your consent.

Sources:

https://www.avvo.com/legal-guides/ugc/how-to-avoid-an-ice-arrest-in-your-home-and-sudden-deportation

https://www.npr.org/2017/02/21/516488396/without-warrants-immigration-agents-often-pose-as-police-officers

https://www.ilrc.org/sites/default/files/resources/ice_warrants_may_2017.pdf

https://www.aclu.org/know-your-rights/immigrants-rights

Comments are closed.