Know your rights when dealing with ICE

AccessU: Born to Immigrants asked Student Legal Services and the Minnesota Immigrant Rights Action Committee what you need to know if ICE approaches you or your family. Here’s what we learned.

Byline: By Molly Stroh

Students at the University of Minnesota who may be affected by the Trump administration’s push for increased immigration enforcement need to be aware of their rights and the steps they can take to protect themselves and their families.

To provide clarity, we asked a senior attorney from the University of Minnesota Student Legal Services and a leader from the Minnesota Immigrant Rights Action Committee what to do if ICE approaches you and how to prepare in case you or your family is at risk. It’s important to remember this content is informational in nature and should not be construed as legal advice. If you would like to consult with an attorney about your specific situation, please schedule an appointment with Student Legal Service.

Here is what you need to know.

Four rights you have if ICE approaches you

First, understand that the Constitution guarantees certain rights to all individuals residing in the United States of America, regardless of immigration status. Those general rights include: the right to remain silent; the right to an attorney; and the right to decline a warrantless search.

Regardless of the location (home, work or school) an individual within the United States¹ has the following rights when any law enforcement or immigration officer approaches them:

1. You have the right to remain silent. In some states, you may be required to provide your name if asked to identify yourself. In Minnesota, you are NOT required to provide your name. If you choose to remain silent, you may say, “I choose to remain silent,” or you can simply not say anything. Even if you have answered some questions, you can decide not to answer more questions. You do not need to speak to the immigration officers or answer any questions.
   • Please note: simply because you have the right to remain silent does not mean that exercising that right is in one’s best interests. For example, refusal to provide your name could result in arrest or detention and could make it difficult or impossible for your family to locate you in detention or police custody.
2. You do not have to consent to a search of yourself or your belongings. However, police may pat down your clothing if they suspect a weapon. A law enforcement officer with a search warrant signed by a judge can search as specified in the warrant.
3. You have the right to consult with an attorney.
   • Note: the government does not have to provide an attorney for you unless you are the defendant in a criminal case and you are eligible for a public defender.
4. You do not have to sign any papers without first consulting with an attorney.

What to know about showing documents to ICE

If you have valid immigration documents, you should show those documents when asked because the law requires those who have been issued valid immigration documents to carry those documents with them at all times.

If you are undocumented, you can refuse to answer questions about your immigration status or whether you have documents. If you are asked where you were born or how you entered the United States, you may refuse to answer.

You should never lie about your immigration status. Do not show any false documents. Doing so can have serious consequences.

What to know if law enforcement officers come to your home

1. You do not have to open the door or let the officers into your home unless the officers have a valid search warrant signed by a judge. An ICE deportation warrant is not the same as a search warrant. If this is the only document they have, the officers cannot legally come inside a person’s home without that person consenting.
   • If at any point you decide to speak with the officers, you do not need to open the door to do so.
   • Even if they say they cannot hear through the door or say they are there for another reason, you have a right to refuse to open the door.
2. If the officers say they have a search warrant signed by a judge, examine it before opening the door. Look at it through a window or have them slide it under the door. Check to see if the warrant has the correct name and address on it and is signed by a judge.

What to know if law enforcement officers come to your workplace

1. Employees should state they cannot give permission to enter the workplace and that the officer must speak to their employer.
2. The best way for employees to protect their own rights is to stay silent and ask for an attorney.
3. Workers do not have to hand over any IDs or papers to ICE. All workers have this right.
4. Employees should work with their employers to assure that private workspaces are clearly marked from public areas.
5. Never run away.

UMN employees should refer to the University’s current guidance.

Steps you should take to prepare in case a loved one is detained

1. Find an attorney who will help you in the event of an emergency. Speak with the attorney. Do not just write down the phone number without making sure the person will be able to help you.
2. Get screened by an attorney to determine if you are eligible for another immigration status.
3. Certain non-citizens such as those who entered unlawfully or made a material misrepresentation to obtain documents are now subject to expedited removal regardless of location in the U.S. unless they can establish to the satisfaction of an ICE officer that they have been in the U.S. for the past two years or more. You should discuss with an attorney the pros and cons of carrying evidence to show that you have been present in the USA for two years.
4. Register with your local consulate.
5. Register and form a relationship with your church, parish or other religious or community center.
6. Make a family plan about what to do in the event a family member is arrested, detained or goes missing.
   • Make sure everyone knows that in the event of an ICE raid, those who do not want to be questioned by ICE should not go to the site of the raid.
   • Decide who will be called and in what order.
   • Decide what you will do if asked for your name.
   • Make copies of all important papers for all members of the family:
     • Work authorization
     • Copies of identification
     • Passports
     • Copies of any other immigration papers, including receipt notices for any pending cases and approval notices for family petitions
     • Birth certificates (with English translations)
     • Marriage certificates (with English translations)
     • Social Security cards
     • Documents related to criminal arrests or cases
     • Name and contact information for attorneys who have represented you in the past
     • List of medications
     • Backup codes for accounts that require two factor authentication (2FA)
   • Keep papers in a safe place.
   • Establish a “Trusted Contact.” Establish a “Trusted Contact” who does not live with you. Provide them with a list of important phone numbers and email addresses and access to important documents. They should also be familiar with your Family Plan.
7. Have someone who can post money at the detention facility so you can make phone calls.
8. Consider setting aside money to use for any costs that may arise during the detention process including potential lawyer and bond fees, personal items like toiletries and for family living expenses the detained family member previously paid.
9. Make sure that a trusted individual has access to the funds in bank accounts presently held in individual names.

What to do if a loved one is detained

1. Alert the “Trusted Contact” and confirm that they will be available to receive a call.
2. The first person to speak with a family member after they are detained should obtain the following information to share with other family members and the “Trusted Contact” as appropriate:
   • Do you need medical attention?
   • What law enforcement agency arrested or detained you?
   • Where are you? What is the largest city or town near you?
   • How can I reach you at the facility where you are?
   • What papers have you received and what do the papers say?
   • How can I get a copy of the papers?
   • Do you have any court date or hearing scheduled?
   • Have you spoken with your attorney?

1. Note: these rights are for those who are IN the United States. Customs officers can ask for identification and about your immigration status when entering or leaving the country. If you are a lawful permanent resident (LPR) who has maintained your status, you only have to answer questions establishing your identity and permanent residency. Refusal to answer other questions will likely cause delay, but officials may not deny an LPR entry into the United States for failure to answer other questions. If you are a non-citizen visa holder, you may be denied entry into the U.S. if you refuse to answer officers’ questions. ↩︎