La Migra: What to do if approached by ICE
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La Migra: What to do if approached by ICE Staff Editorial | The Weekly Ringer
by CLAIRE MARSHALL WATKINS
Opinion Editor
Due to recent executive orders from the Trump Administration, The Weekly Ringer editorial board feels it is responsible and appropriate to share information about what to do if you are approached by U.S. Immigration and Customs Enforcement (ICE) or other law enforcement regarding immigration. The Virginia American Civil Liberties Union’s “Know Your Rights” webpage advises people to remain silent and calm and to refuse requests of search or home entry. You do not have to answer any questions.
Per the Fourth Amendment, only a signed warrant from a state or U.S. District court—not from the Department of Homeland Security—gives law enforcement the right to search “persons, houses, papers and effects.” The ACLU also affirms that “ICE needs a warrant or employer’s permission to enter any part of the worksite that is not open to the public.”
The National Law Employment Project and National Immigration Law Center also published an instructional document detailing what employers and employees can do regarding potential ICE raids in the workplace.
A 1-200, or “Warrant for Arrest of Alien,” form does not give law enforcement the right to enter your home. If law enforcement does have a warrant signed by a judge, the ACLU advises that you calmly ask that law enforcement slide it under the door or otherwise display it before opening the door to them. Do not lie about immigration or legal status, and do not provide any false documents.
Per the Fifth Amendment, you have the right to remain silent. Mind that anything you say or do may be held against you in a court of law. You do not have to sign anything you do not understand, you have the right to an interpreter. If you are arrested or detained, you have the right to an attorney even if you cannot afford one. Do not discuss your immigration status with anybody except your lawyer. The ACLU also advises people who have been detained to exercise their right to contact their country’s consulate and inform them of the detainment. Should you be detained, the ACLU also advises that you share your immigration or nine-digit A-number with family.
People who feel safe and comfortable doing so can warn others if they see ICE by yelling “ICE” or “¡La Migra!”
