22 Aug Know your rights in case of ICE raids
By Atty. Crispin Caday Lozano
If you are in the country illegally, you should be able to handle raids to protect your rights.
If Immigration and Customs Enforcement (ICE) agents show up at the door, the American Civil Liberties Union (ACLU) advises not opening it unless the agents can show a warrant signed by a judge.
ICE administrative warrants don’t allow agents to enter a home without the consent of the residents. Residents can ask through the door why the agents are there and request an interpreter if they need one.
If there is no warrant, ask the agents to leave information outside.
If you are arrested “remain silent and do not sign anything until you speak to a lawyer,”
The National Immigration Law Center (NILC) issued the following advisory in case of Immigration raids.
KNOW YOUR RIGHTS
Everyone has certain basic rights, no matter who is president
If you find you have to deal with Immigration and Customs Enforcement (ICE) or other law enforcement officers at home, on the street, or anywhere else, remember that you have the rights described in this factsheet. The factsheet also provides suggestions for what you should do to assert your rights.
- 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.
- Don’t say anything about where you were born or how you entered the U.S.
- Carry a know-your-rights card and show it if an immigration officer stops you.
KNOW YOUR RIGHTS! You can cut the portion below of this article as your My Rights Card.
If you are stopped by immigration or the police:
- Hand this card to the officer, and remain silent.
- The card explains that you are exercising your right to refuse to answer any questions until you have talked with a lawyer.
TO WHOM IT MAY CONCERN:
Please be informed that I am choosing to exercise my right to remain silent and my right to refuse to answer your questions. If I am detained, I request to contact an attorney immediately. I am also exercising my right to refuse to sign anything until I consult with my attorney. Thank you.
STOP the cut here for your My Rights Card. The following explains the use of the above card.
- The card explains that you will remain silent and that you wish to speak with an attorney.
- Do not open your door.
- 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. (They almost never have one.) If an ICE agent wants to show you a warrant, they can hold it against a window or slide it under the door. To be valid, the warrant must have your correct name and address on it.
- You do not need to open the door to talk with an ICE agent. Once you open the door, it is much harder to refuse to answer questions.
- You have the right to speak to a lawyer.
- You can simply say, “I need to speak to my attorney.”
- You may have your lawyer with you if ICE or other law enforcement questions you.
- 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 you sign it.
- Always carry with you any valid immigration document you have.
- For example, if you have a valid work permit or green card, be sure to have it with you in case you need to show it for identification purposes.
- Do not carry papers from another country with you, such as a foreign passport. Such papers could be used against you in the deportation process.
- If you are worried ICE will arrest you, let the officer know if you have children.
- If you are the parent or primary caregiver of a U.S. citizen or permanent resident who is under age 18, ICE may “exercise discretion” and let you go.
- On August 18, 2017, we received two approvals for N-400 applications.
- On August 16, 2017, we received an approval of I-601A provisional waiver for a Mexican client.
- On August 14, 2017, we received two approvals of I-751 petition to remove condition on residence.
- On August 11, 2017, we received two approvals of I-485 adjustment of status.
- On August 10, 2017, we received a grant from the Immigration Court on a Motion to Terminate Removal Proceedings for a client whose criminal case we have dismissed in criminal court.
- On July 18, 2017, we received an approval of green card at the U.S. Embassy Manila for the family of a client who was granted a waiver of misrepresentation. His wife and children were approved after the court granted the waiver.
- On June 28, 2017, we received a withdrawal of inadmissibility and removability charges from the Customs and Border Enforcement for a client who was charged with drug case while he was entering San Francisco Airport from the Philippines. The case was withdrawn after we have expunged the drug case in Criminal Court.
- On May 25, 2017, we received an approval of Form I-140 for a caregiver from the Philippines.
- On April 21, 2017, we received an approval of I-601A Provisional Waiver for a client who was denied I-601A before from a previous lawyer.
- On March 22, 2017, we received an Immigrant Visa approval for a child of Permanent Resident who is already 25 years of age but classified as minor under CSPA.
If you have immigration problems the Law Offices of Crispin C. Lozano can help you find a solution before your problem gets worse which could lead to deportation and family separation.
Crispin Caday Lozano, Esq. is an active member of the State Bar of California, the American Immigration Lawyers Association and San Francisco Trial Lawyers Association. He specializes in immigration law and personal injury. For free consultation email or call (firstname.lastname@example.org/ 1-877-456-9266)