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If You Encounter ICE Know Your Rights

All people in the United States, INCLUDING UNDOCUMENTED IMMIGRANTS, have Constitutional rights and protections. Neither immigration nor the police will assume you want to exercise your rights. You are in charge of asserting them by telling officers you are exercising your rights.

What to do if ICE come to your home.

  • YOU DO NOT HAVE TO OPEN THE DOOR.
    If ICE comes to your door, generally there are only two ways in which they can lawfully enter your home:
    1. With your permission or the permission of someone in your home.
    2. With a search warrant issued by a judge.
  • YOU SHOULD NOT INVITE THE OFFICER INTO YOUR HOME.
    If ICE tells you they are there to arrest someone or search the home, do ru2to pen the door or invite them into your home. Opening the door may give them permission to enter. It is important to also tell this to others in your home, including children. If your child opens the door, that may give ICE permission to enter the home.
  • IF THE ICE OFFICER SAYS THEY HAVE A WARRANT, ASK FOR THEIR IDENTIFICATION AND REVIEW THE WARRANT. IT MUST BE ISSUED BY A JUDGE AND NOT JUST THE AGENCY.
    ICE cannot enter your home without a valid search warrant. Talk with the officers through the door and ask them to show you their identification and the warrant. Review the warrant to determine if it is valid: • The warrant must be a search warrant: There are search warrants and arrest warrants. ICE cannot enter your home with an arrest warrant. They must have a search warrant.
    • The warrant must have the correct address: If the address on the warrant is incorrect, ICE cannot search your home, unless you grant them permission.
    • The warrant must have a judge's signature: To be valid, search warrants must be signed by a JUDGE If an IMMIGRATION OFFICER signs the warrant, it is NOT a valid search warrant. Without a warrant signed by a JUDGE ICE cannot search your home, unless you grant them permission.
  • YOU HAVE THE RIGHT TO REMAIN SILENT.
    If ICE has a valid warrant and enters your home, you can choose to remain silent. If you must speak, tell the agent that you would like to speak to a lawyer before answering questions.
  • REMEMBER

    • Only provide your identification when the law requires you to do so.
    • Do not tell the officer your country of nationality.
    • Do not answer questions.
    • Do not sign paperwork.
    • Do not carry false documents.
    • Do not physically interfere with the search.

    What to do if ICE stops your vehicle.

  • STOP THE CAR AS SOON AS SAFELY POSSIBLE.
    After stopping. turn off the car, turn on the internal light. open the window part way. and place your hands on the wheel.
  • THERE MUST BE A REASON TO STOP YOU.
    If a police officer stops you. they must have reasonable suspicion that someone in the car committed a local or state violation or crime. If an immigration officer stops you, they must have reasonable suspicion that someone in the car committed an immigration violation or federal crime. You can ask:
    • Am I free to leave?
    • Are you the police/immigration?
    • Why did you stop me?
  • IF YOU ARE DRIVING. UPON REQUEST. PROVIDE YOUR DRIVER'S LICENSE, REGISTRATION, AND PROOF OF INSURANCE. IF YOU HAVE IT.
    If you do not have these documents, you can tell the officer you do not have them or that you are exercising your right to remain silent. In some st.ates. if you are driving without a license, this is an arrestable offense, so failure to provide a driver's license could result in arrest. The officer may ask for other identification, and you may refuse to provide it."
  • PASSENGERS DO NOT HAVE TO PROVIDEIDENTIFICATION.
    Generally, if an officer asks a passenger for identification, they do not have to provide it. Talk to a local advocate about whether and when you must produce identification. For ex;imple, in most states. you must show a driver's license if you are driving and you are pulled over; you also must show your immigration identification to an immigration officer who requests it 1f you have lawful status and are not a U.S. citizen.
  • GENERALLY, YOU DO NOT HAVE TO PROVIDE OTHER IDENTIFICATION.
    If you are stopped by state or local police, you may choose to provide proof of lawful immigration status, if you have such proof. If you are stopped by an immigration officer, you must provide proof of lawful status if you have status and are not a U.S. citizen. If you do not have lawful status, you should not provide foreign identification.
  • IF THE OFFICER SAYS THEY HAVE A WARRANT, ASK FOR IDENTIFICATION AND REVIEW THE WARRANT.
    • Search warrant: Officers can search your car if (1) you give consent, (2) they have a search warrant that specifies the exact car to be searched and the warrant is signed by a judge (not an immigration officer), or (3) they believe your car contains evidence of a crime.
    • Arrest warrant: If an ICE officer has an arrest warrant. they can arrest the person named on the warrant. An arrest warrant does WI.gI ive ICE permission to search your car.
  • YOU HAVE THE RIGHT TO REMAIN SILENT.
    If you are stopped by state or local police, you may choose to provide proof of lawful immigration status, if you have such proof. If you are stopped by an immigration officer, you must provide proof of lawful status if you have status and are not a U.S. citizen. If you do not have lawful status, you should not provide foreign identification.
  • REMEMBER

    • Only provide your identification when the law requires you to do so.
    • Do not tell the officer your country of nationality.
    • Do not answer questions.
    • Do not sign paperwork.
    • Do not carry false documents.
    • Do not physically interfere with the search.

    What to do if ICE stops you at work.

    If ICE (immigration officers) come to your work, they generally must have a search warrant or the consent of your employer to search non-public areas. If ICE approaches you, you have rights that protect you.

  • YOU SHOULD ASK IF YOU ARE FREE TO LEAVE.
    If ICE approaches you at work, you may ask if you are free to leave.
    If the answer is 'YES': calmly, slowly, and quietly walk away. Do not run or speak.
    If they say 'NO':·do not walk or run away. Stay where you are.
  • YOU HAVE THE RIGHT TO REFUSE A SEARCH.
    You do not have to consent to a search of yourself or your belongings or provide proof of employment authorization. State clearly that you do not consent. Refusing consent may not stop the officer. If the officer proceeds to search your person or your belongings. stay calm, do not resist the inspection, and keep your hands where the officer can see them. Stating your objection preserves your rights.
  • YOU HAVE THE RIGHT TO REFUSE TO SORT YOURSELF BASED ON IMMIGRATION STATUS.
    If officers tell you to form a line or sort yourselves based on immigration status, you have the right to stay where you are or move to a place that is not designated for a particular group of employees. You can tell officers that you are invoking your right to remain silent. If you are forced to move, do not resist.
  • YOU HAVE THE RIGHT TO REMAIN SILENT.
    You do not have to answer any questions without the presence of your legal representative. (In some states, you may be required to state your name if an officer asks you to identify yourself and an officer may arrest you for refusing to do so.) Tell the officer you are exercising your right to remain silent. If you must speak, only say that you would like to speak to your legal representative before answering questions.
  • YOU HAVE THE RIGHT TO SPEAK TO A LAWYER.
    If the officer tells you that you cannot walk away, you have been detained. You should ask to speak to a lawyer and then remain silent. You have the right to speak to a legal representative. It is okay if you have not hired a legal representative; you still have the right to consult with one.
  • REMEMBER

    • Only provide your identification when the law requires you to do so.
    • Do not tell the officer your country of nationality.
    • Do not answer questions.
    • Do not sign paperwork.
    • Do not carry false documents.
    • Do not physically interfere with the search.

    What to do if ICE stops you in public.

  • YOU SHOULD ASK IF YOU ARE FREE TO LEAVE.
    If ICE approaches you in public, you may ask if you are free to leave.
    If the answer is 'YES': calmly, slowly, and quietly walk away. Do not run or speak.
    If they say 'NO':·do not walk or run away. Stay where you are.
  • YOU HAVE THE RIGHT TO REFUSE A SEARCH.
    You do not have to consent to a search of yourself or your belongings. State clearly that you do not consent. Refusing consent may not stop the officer. An officer may pat you down above your clothes if they suspect, for example, you have weapons or drugs in your possession, If the officer proceeds to pat you down or conduct a full search, stay calm, do not resist the inspection, and keep your hands where the officer can see them. Stating your objection preserves your rights. Thereafter, the officer cannot arrest you without a warrant or proof you have committed a crime.
  • YOU HAVE THE RIGHT TO REMAIN SILENT.
    You do not have to answer any questions without the presence of your legal representative. (In some states. you may be required to state your name if an officer asks you to identify yourself and an officer may arrest you for refusing to do so.) Tell the officer you are exercising your right to remain silent. If you must speak, only say that you would like to speak to your legal representative before answering questions.
  • YOU HAVE THE RIGHT TO SPEAK TO A LAWYER.
    If the officer tells you that you cannot walk away, you have been detained. You should ask to speak to a lawyer and then remain silent. You have the right to speak to a legal representative. It is okay if you have not hired a legal representative; you still have the right to consult with one.
  • REMEMBER

    • Only provide your identification when the law requires you to do so.
    • Do not tell the officer your country of nationality.
    • Do not answer questions.
    • Do not sign paperwork.
    • Do not carry false documents.
    • Do not physically interfere with the search.

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