If you find yourself stopped by an immigration officer, it can be a scary and unsettling situation.
In the current climate, some areas of the country are seeing more activity as it pertains to immigration, therefore it is important to be prepared for a possible encounter. If you have a well thought out plan and know how to react, it will be easier if an immigration raid does occur.
Every person living in the United States, even if undocumented, has certain rights under the United States Constitution. This article is designed to help you to understand and execute these rights.
Always Be Prepared for An Immigration Raid
If you are ever approached by an immigration office or ICE agent, whether at home or while out in public, it is important to remain calm. Do not run away or act belligerent.
- If you have valid immigration documents, keep them with you at all times to show to an immigration officer. Also keep copies of these documents someplace safe, preferably with a trusted friend or family member you can call in an emergency.
- You have the right not to speak. Do not offer your name, country of origin, or immigration status if you do not have immigration papers.
- To be safe, carry a “Know Your Rights” card to give to the immigration officer. These pre-printed cards are two sided, one in English and one in your native language. The card tells the officer that you are choosing to remain silent and wish to call your attorney before speaking.
- You do not have to answer any questions. If they continue to question you, simply answer every question by asserting that you wish to speak with your attorney.
- If you do choose to say anything, answer truthfully. Any lie told to a U.S. agent can be used against you and your bid for citizenship.
- Do not sign any documents without attorney representation.
- Carry the name and phone number of a local immigration attorney to call should the need arise.
- Ask the immigration officer if you are being detained or arrested. If they say no, inform them politely that you are leaving. Walk away slowly, do not run!
- If the agent indicates that you are being detained or arrested, inform them that you will need to call your attorney. Do not say anything else. Remain calm and polite.
If the Immigration Raid Comes to Your Front Door
No one has the right to enter your home without a properly authorized warrant. If agents appear at your door and request to be let in, ask if they have a warrant. If they do, ask them to slide it under your door to inspect before opening the door.
If the person named on the warrant is not home at the time of the raid, inform the officers. You do not have to open the door. Opening your door may be considered “consent” in allowing the officers into your home.
If the agents are in possession of valid warrant, you will be obligated to allow access. (You may still hand over the “Know Your Rights” card and remain silent.) The warrant will specify which areas of your home the agents are allowed to search.
Watch and take note if they search any area not authorized by the warrant, and document any property which they confiscate. Be sure to call your attorney as soon as possible,
By understanding your basic rights before you have a run-in with immigration agents, you can be more confident should a raid occur. If you are in Tampa, Sarasota or Bradenton, contact the immigration attorneys at Probinsky & Cole – we are happy to assist you with all of your immigration concerns, and answer any questions you may have.
