Understanding and asserting our rights is a powerful way that we can protect ourselves and our communities. If you encounter Immigration and Customs Enforcement (ICE) or law enforcement, below are guidelines to keep in mind, courtesy of the National Immigration Law Center.
*Note: These are general guidelines. For legal help, contact your local IIBA office.
- You have the right to remain silent. You may refuse to speak to immigration officers. Don’t answer any questions. You may also say that you want to remain silent.
- If an ICE agent comes to your door, do not open it. To be allowed to enter your home, ICE must have a warrant signed by a judge. Do not open your door unless an ICE agent shows you a warrant.
- You have the right to speak to a lawyer. You can simply say, “I need to speak to my attorney.”
- Before you sign anything, talk to a lawyer. ICE may try to get you to sign away your right to see a lawyer or a judge. Be sure you understand what a document actually says before signing it.
- Always carry with you any valid immigration document you have. If you have a valid work permit or green card, be sure to have it with you. Do not carry papers from another country with you, such as a foreign passport.
WHAT CAN YOU DO TO PROTECT YOURSELF & OTHERS
Prepare an immigration file:
● Store important documents in a folder, let a family member or close friend know where it is and memorize that person’s phone number
● Gather records relating to any arrests or convictions.
● Talk to an immigration lawyer or accredited representative to find out whether you are eligible for any immigration remedies
Make a plan:
● Decide who will take care of your children if you are not able to. Talk to that person and make sure he or she is willing to help you
● Without worrying them, assure your children they will be taken care of if you are not available to care for them
● Make sure they know who will take care of them. Have your children memorize that person’s phone number
● Save money for a bond
HOW YOU CAN BE AN ALLY
● Be the person someone else can rely on if they are taken into custody
● Stay informed of the legal updates that might impact your immigrant community
● If you are witnessing an ICE raid, do not bodily interfere with the detention
● You do have the right to record
● If you know who is being detained, alert their family members or friends.
General FAQs
With the new president coming into office, should I still move forward with my
case?
Probably yes, but you should talk to your attorney or accredited representative. There are risks to submitting an application because it tells the government that you are here, but there are also benefits to having an application pending in case you encounter ICE.
How do I schedule an appointment to get help with my immigration case?
Go here on our website and find the office nearest to you and either call them to make an appointment or book online.
I have a case with IIBA, how do I contact my attorney or accredited
representative to ask about my case?
You can call, email, or text your attorney or accredited representative’s direct line if you have it or you can call the office where your attorney or accredited representative works and the administrative assistant can help you get a message to them or schedule you a follow-up phone call with them. Go here on our website to find the number for the office where you are receiving services.
I have been a victim of crime, do I qualify for a U visa?
You might, but it depends on the crime and whether law enforcement thinks that you cooperated with them. You should go to the police department where you made the report to get a copy of the report and then contact the IIBA office nearest to you to make an appointment for a consultation.