In the wake of the new administration's plans to ramp up mass deportations, several organizations are offering crucial advice for non-citizens who may encounter Immigration and Customs Enforcement.
As fears of increased enforcement grow, groups like the ACLU, National Immigration Law Center and United We Dream are providing resources to help immigrants understand their rights when confronted by authorities.
These organizations stress the importance of knowing what to do if you're stopped, questioned or detained by ICE. They highlight key rights like staying silent, asking for a lawyer and understanding how to handle situations like home raids or being approached at work.
Here are some general guidelines -- though not legal advice -- for non-citizens who might encounter immigration authorities.
If approached by an agent:
• You have the right to remain silent and are not obligated to discuss your immigration or citizenship status with police, immigration agents, or any other officials. Keep in mind that anything you say could be used against you in immigration court later on.
• You do not have to answer questions about where you were born, whether you are a U.S. citizen, or how you entered the country.
• If you're not a U.S. citizen and an immigration agent asks for your papers, you must show them if you have them with you. If you don't have them, let the officer know that you want to remain silent or speak with a lawyer before answering any questions.
• If an immigration agent asks to search you, you have the right to say no. They can't search you or your belongings without your consent or probable cause.
ICE agents often go to people's homes to make arrests, and they may pose as police officers or fail to immediately explain the reason for their visit, according to Andre Vasquez, chair of Chicago's Committee on Immigrant and Refugee Rights.
If agents come to your home:
• Unless they have a warrant signed by a judge, you do not have to let them in.
• If they have a warrant, you have the right to ask to see it. Do not open your door unless ICE shows you a judicial search or arrest warrant naming a person in your residence and/or areas to be searched at your address. If they don't produce a warrant, keep the door closed.
• You have the right to remain silent. If ICE has a valid warrant, they will come in, but you are not required to answer any questions.
• You have the right to an attorney, and you do not have to sign anything before consulting with an attorney.
• The same rules apply if you are stopped by an agent while driving.
If agents come to your workplace:
• Immigration agents can enter public areas of workplaces, like restaurants or car washes, at any time. They can also enter the public space of your workplace, like the waiting area or lobby, as they please.
• Agents cannot enter private areas unless they have permission from your employer or a warrant signed by a judge.
• You have the right to refuse consent to be searched and are not required to answer questions.
If you encounter an agent in a public space:
• You have the right to ask if you're free to go. If they say yes, you can walk away. If they say no, you have the right to remain silent and ask to speak with an immigration attorney.
• You are not required to answer any questions about your immigration status or where you're from.
If you are detained by ICE:
• You have the right to contact your consulate or have an officer inform the consulate of your detention.
• You have the right to consult with an immigration attorney, but the government is not required to provide one for you. Don't discuss your immigration status with anyone but your lawyer.
• If detained, you will be given an number that begins with an "A" and is followed by several digits. Remember your immigration number and give it to your family; It will help family members locate you.