The Right to Remain Silent and Other Tips for Dealing with ICE
If ICE knocks on your door
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Remain calm and do not open the door.
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Ask them if they have a warrant. If they say they do, ask them to slide it under the door or show it through a window.
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A judicial warrant, which must be issued and signed by a judge, will specifically list a person’s name and/or areas to be searched within your home. An administrative warrant issued by the Department of Homeland Security (DHS) or ICE, or signed by an immigration officer, does not have the authority to grant entry into your home.
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Check whether the warrant lists the correct address and name(s)
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Take pictures of any documents they show you. If possible, have someone record video or take notes.
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If they force their way in, do not physically resist them, but clearly say, “I do not consent to your entry.”
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If they do have a valid, signed judicial search warrant and you must let them in, tell them you are exercising your right to remain silent until you can talk to a lawyer (even if you don’t have one yet.)
If ICE approaches you in public, at work, school, etc.
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Request to see a signed judicial warrant. If ICE is trying to access a workplace or other private area, they must have a signed judicial search warrant, signed by a judge. If they are seeking a particular individual, they must have a judicial arrest warrant, signed by a judge.
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Again, do not answer their questions without a lawyer present.
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If they search your belongings without a warrant, say, “I do not consent to this search.”
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Ask if you are being detained. If they say no, leave immediately.
If you see a community member approached by ICE
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Document the incident- recording with your phone if you can. Be sure to focus the camera on the officers and not the person being detained.
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Do not try to interrupt an arrest physically.
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You can let the person know that they have the right not to answer the officer’s questions without a lawyer.
If ICE knocks on your door
-
Remain calm and do not open the door.
-
Ask them if they have a warrant. If they say they do, ask them to slide it under the door or show it through a window.
-
A judicial warrant, which must be issued and signed by a judge, will specifically list a person’s name and/or areas to be searched within your home. An administrative warrant issued by the Department of Homeland Security (DHS) or ICE, or signed by an immigration officer, does not have the authority to grant entry into your home.
-
Check whether the warrant lists the correct address and name(s)
-
Take pictures of any documents they show you. If possible, have someone record video or take notes.
-
If they force their way in, do not physically resist them, but clearly say, “I do not consent to your entry.”
-
If they do have a valid, signed judicial search warrant and you must let them in, tell them you are exercising your right to remain silent until you can talk to a lawyer (even if you don’t have one yet.)
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