Know Your Rights: What to Do If You’re Detained by ICE

By  Remezcla Estaff

In this March 3, 2015 photo, Immigration and Customs Enforcement officers escort an arrestee in an apartment building, in the Bronx borough of New York, during a series of early-morning raids. Immigrant and Customs Enforcement say an increasing number of cities and counties across the United States are limiting cooperation with the agency and putting its officers in dangerous situations as they track down foreign-born criminals. Instead, more of its force is out on the streets, eating up resources and conducting investigations because cities like New York and states like California have passed legislation that limits many of the detention requests issued by immigration authorities. (AP Photo/Richard Drew)

AP Photo/Richard Drew

With the Trump administration’s largest immigration crackdown destroying communities and separating families, it’s important to know what to do if you’re detained by ICE (U.S. Immigration and Customs Enforcement).

As of June 11, “Operation at Large,” the nationwide ICE-led plan to increase deportations of immigrants “includes more that 5,000 personnel from across federal law enforcement agencies and up to 21,000 National Guard troops” according to NBC News.

This comes after White House Deputy Chief of Staff Stephen Miller allegedly threatened to fire ICE officials if they didn’t begin to detain 3,000 migrants a day. This has led to sweeping ICE raids, citizens being “mistakenly” detained, and “errors” in deportation.

So what should you do if you’re detained by ICE?

According to the National Immigration Law Center, you should:

  • Stay calm. Do not run away or try to stop the agents. If they ask you questions, say “I am using my right to remain silent.”
  • Do not lie or give false information. That can get you into trouble.
  • If you are afraid to return to your home country, say so loudly and clearly to every agent you see. If you do not say you are scared, they may deport you without giving you a chance to see a judge or ask for asylum.
  • If you have lived in the U.S. for at least 2 years, tell an officer and show them proof of your living here. This can protect you from fast-track deportation.
  • If you applied for status or are appealing an immigration decision, tell an officer and show them proof of your application or appeal.

In addition, do NOT sign any documents without talking to a lawyer first. According to the ACLU (American Civil Liberties Union), the government doesn’t have to provide you with a lawyer. But you can ask for a list of free or low-cost alternatives and you have the right to call or be visited by a lawyer or family.

If you fear that you might be detained, plan ahead. You can reach out to the American Immigration Lawyer’s Association, the American Bar Association, or the Immigration Advocates Network and Pro Bono Net directory for assistance.

For additional information, visit the ACLU Know Your Rights in English and in Español.

The information provided above is meant for educational purposes only. This is not intended as and is not a substitute for legal advice.

ICE immigrants immigration Migrant resources