Immigration ICE Raids: What Are Your Rights As An Immigrant?

By May 20, 2020Immigration Law Blog
Immigration ICE Raids

Today we’re talking about immigration ICE raids and what your rights are as an immigrant living in the United States.

Immigration ICE Raids: What Are Your Rights As An Immigrant?

If you are an immigrant living in the United States, what are your rights when an immigration ICE raid takes place? The following resources from Informed Immigrant Dot Com and Legal Aid At Work.

If ICE Raids Your Home

  • Stay calm and do not run away
  • Remain silent, or tell the ICE agent that you want to remain silent. If you do speak, do not lie
  • Ask to speak with a lawyer
  • Do NOT sign any documents or answer questions without your lawyer present
  • Record details and names of officers

If ICE Raids Your Workplace

  • You have the right to say that you want to speak to an attorney.
  • You have the right to remain silent.
  • You have the right against unlawful searches by ICE agents and other government officials
  • You have the right to refuse to sign any documents ICE asks you to sign.

If ICE Stops You In A Public Space

  • Do not speak to ICE. Say, “I am exercising my right to
    remain silent.” Do not answer questions or provide any
    information about your immigration status or national
    origin. ICE can use anything you say against you.
  • Stay calm. Do not run! ICE will use that as a reason to
    arrest you. If possible and safe to do so, take photos,
    video, and/or notes of the encounter.
  • Ask if you are being arrested or detained. If ICE agents
    stop you on the street and do not have a warrant, they
    cannot arrest you unless they have evidence that you
    are a non-citizen.
  • If they say you are not being arrested, ask if you are
    free to leave. When they say you may leave, walk away

If ICE Stops You While Driving

  • If asked, provide your driver’s license, car
    registration, and proof of insurance.
  • Do not answer questions about anything
    else, including immigration status or
    national origin. Only state that you are
    exercising your right to remain silent.
  • Refuse consent to a search of yourself or
    your car.

If ICE Arrests or Detains You

  • Do not speak to ICE. Exercise your right to
    remain silent.
  • State that you want to speak to your
    attorney. DO NOT ANSWER ANY
  • Contact your attorney or family member
    immediately. You have the right to make a
    telephone call after you are arrested
  • Ask for bond and a hearing before a judge
    even if ICE says you are not eligible.
  • Ask for copies of all your immigration

The Importance of a Reputable Immigration Attorney

The immigration system in the United States is backed up and complicated. This isn’t particularly good news for those immigrants who are not fluent in English or who do not have a basic grasp of the language. This is even a problem for those immigrants who do speak English simply because of the complicated nature of the legal system. This results in many immigrant families and individuals getting into even more complicated situations by missing court dates and legal deadlines, by making incorrect statements, or by misunderstanding the information they are reading.

A reputable and experienced immigration attorney will be able to help to prevent these types of complications from happening. The key is to seek out a reputable attorney as soon as possible in your ICE case so that you can be protected at all times and be sure that you do not make any comments that will weaken your immigration case when facing immigration

How to Find a Reputable Immigration Attorney

Regardless of where you live in the United States, the chances are that you will have at least one or two local immigration attorneys who can help with your case…but how can you be sure that you hire the best immigration lawyer for your case?

We recommend doing the following things to screen immigration attorneys to be sure that you get the best lawyer for your needs:

  • Look for an attorney who meets you at their office, NOT an attorney who asks to meet you or meets you “randomly” at a USCIS location.
  • Look For a truly accredited immigration attorney, not just someone who can “help” with your visa application.
  • Look into reviews of the attorneys that you are considering – what do other clients have to say about them? Were they satisfied and comfortable with service or did they feel dismissed?
  • Do you have communication problems with an attorney? Do they have a translator available?
  • Avoid any attorney who is willing to or who offers to “break the rules” to help you to win your case.
  • Look up the licensing information for any attorney you are considering to be sure that their license to practice law is still valid.
  • Ask friends, family, or other members of the community for their recommendations or reviews of immigration attorneys who they have worked with before. If you are new to the area or have no contacts, reach out to your local immigrant community through support organizations or faith-based organizations.
  • Does the attorney you are considering have experience with immigration cases similar to yours? This doesn’t mean they will be the best choice for you, but it can mean that they have a better understanding of the law in this area.

Have You Got Questions About Immigration ICE Raids?

Do you have questions about immigration ICE raids or have you been subject to a raid and feel that your rights were violated? Nelson Immigration Law can help. Give us a call today at 626-683-3451 and let us help you to navigate these uncertain waters.