Here are some useful tips for you if you are stopped by Immigration and Customs Enforcement (ICE), or if ICE immigration agents knock on the door of your home. These tips are based on certain US constitutional rights, and it is important to know your rights. Many non-citizens worry about immigration raids. Read to the end for extra tips for preparing in advance.
If you are stopped by ICE, even if you are undocumented:
1) You have the right to remain silent and if you choose to remain silent, you should tell the officers “I choose to remain silent” and then be silent.
2) You have the right to speak to a lawyer. If you are detained, you have the right to look for a lawyer and to receive a phone call from your attorney.
3) If you don’t have an immigration attorney, have your family hire an experienced immigration lawyer for you.
4) Carefully read all documents that you are given so that you really understand them.
5) Do not sign any documents without speaking to your Immigration Attorney because you may not be able make changes later or withdraw it. If you choose to sign, make sure you understand what you are signing and what it means.
6) You can ask for a hearing before an immigration judge if you are detained.
7) Do not sign any papers to leave the U.S. voluntarily without speaking to your attorney.
8) Do not lie or show false documents
9) If you have an immigration attorney and a signed G-28 form, give it to the officer and ask to speak to your lawyer. The G-28 form (Notice of Entry of Appearance as Attorney or Accredited Representative) tells ICE that you have an attorney.
10) You have the right to contact your consulate. They may assist you with finding a lawyer.
If ICE knocks on your door
If ICE knocks on your door, even if you are undocumented, please remember the following:
1) You do not have to open the door unless they have a search warrant signed by a judge with your correct name and address. An ICE or Department of Homeland Security (DHS) deportation warrant is not a search warrant.
2) You have the right to remain silent and if you choose to remain silent, you should tell them “I choose to remain silent.”
3) You have the right to speak to a lawyer.
4) You should not lie or show false documents.
Prepare in Advance – Before you encounter ICE
Preparing in advance of any possible encounter with ICE is important for non-citizens, particularly if you are undocumented. Based on our experience, our law office considers these tips helpful:
- Speak to an immigration attorney now and find out what immigration relief you may qualify for.
- Next, ask the immigration lawyer what information they would need if you were detained, and get this ready
- Get copies of your identity documents and give them to a trusted friend or family member.
- Write a summary of your immigration history
- If you have criminal convictions or arrests – obtain any final certified transcript(s) for these
- Get copies of previous immigration applications – including any USCIS receipts and notices and immigration court decisions or paperwork.
- If you are a legal permanent resident or have any lawful immigration status, also keep proof of this with a trusted person
- Have some funds set aside and accessible to your family members in case of an emergency.
- Keep the contact information of your nearest consulate within reach
- If you have an immigration lawyer, keep a signed G-28 form nearby. Also give a copy of this and the documents listed above to your trusted person, in case you need it.
By preparing this immigration emergency packet carefully in advance, you can have the peace of mind that if you are stopped by ICE or are in detention, your loved ones would be able to hire an attorney to assist you quickly.
Ask Your Lawyer
If you have concerns about being stopped by ICE, please remember to speak to your immigration lawyer. If you do not have an attorney, now is a good time to speak to immigration attorneys to find a lawyer you trust.
Finally, if you have any questions or need immigration help, our law office is ready to assist you in finding your best immigration solution.
Summary
You have the right to remain silent, you do not have to open your door (without a search warrant), and you have the right to speak a lawyer. Most importantly, preparing in advance is key to the best possible outcome and your peace of mind.
To learn more about this or to schedule an appointment with our immigration lawyer, Doreen Emenike, please contact us: www.emenikelaw.com to book online. (626) 256-8500.
Read More: How to respond to a USCIS Request For Evidence (RFE)
Related: Deportation defense
Read more: Success Stories
Thank you for reading this article. If you have questions or need help, please contact our immigration law office at (626) 256 8500. www.emenikelaw.com