Understanding Your Rights During Encounters with Immigration and Customs Enforcement (ICE)
During times that are already filled with uncertainty, being approached or addressed by immigration enforcement can heighten feelings of anxiety and unease. The Organization for Prostitution Survivors (OPS) wishes to offer a guiding light through such difficult moments by ensuring you know your rights and can advocate for yourself and your loved ones with confidence and composure.
Your Rights and How to Assert Them
Everyone residing in the U.S. has constitutional protections. This includes the right to remain silent when approached or detained by immigration officers or other law enforcement officials. Encounters with law enforcement can undoubtedly provoke anxiety. However, maintaining composure is crucial. If stopped or questioned, it’s essential not to flee, argue, resist, or physically engage with the officer, even if you feel your rights are not being respected. Always keep your hands visible, calmly informing the officers if you need to reach for anything like your documents in the vehicle.
It’s important not to present false information about your status or provide counterfeit documents during these interactions.
Specific Scenarios and How to Handle Them
If Law Enforcement Visits Your Home:
Should officers knock on your door, you don't have to open it. Teach your children the same. Even if officers present a warrant, unless it's signed by a judge and specifies your residence, they do not have permission to enter. If officers do enter, express clearly through the door, "I do not consent to your entry or search."
If You're Stopped While Traveling:
Wherever you may journey, whether it's by car, bus, or plane, your rights travel with you. Keep calm, comply with reasonable requests for license and registration if driving but remember that you can exercise your right to remain silent if you're a passenger or when the immigration status questions arise.
Need Legal Representation?
Everyone has the right to consult with an attorney, and this remains true regardless of immigration status. While the government is obligated to provide a lawyer if you're arrested by police, they do not provide one for immigration detentions. However, you can request a list of free or low-cost legal assistance.
What If You're Detained?
Assert your right to silence and ask for legal counsel right away. Do not answer questions, sign anything, or make any decisions without a lawyer's advice. In the case of arrest by police, you're entitled to a local phone call.
Protecting Yourself Near Borders:
Stay composed and truthful with any interaction with immigration officials. You have the right to remain silent.
When Rights Are Breached:
If you feel that your rights have been infringed upon, document everything. Write down badge numbers, officer names, and collect witness contacts. Seek medical attention for injuries and photograph them. Formal complaints can be filed anonymously against the involved agency for your safety and privacy.
Understanding and asserting your rights is not about obstructing justice but ensuring that due process is respected. The Washington Immigrant Solidarity Network offers resources like the “Know Your Rights with ICE” flyer to help educate and prepare individuals for these encounters. It is advisable to review this material and perhaps even conduct practice sessions with family or community members. Remember, being prepared is your best defense in protecting your rights and those of your loved ones.
Additional resources
If you need more information, contact your local ACLU affiliate.
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