by Gisela Bramonte
Living in the United States and identifying as an immigrant and/or coming from a family of immigrants is quite an eye-opening experience. For those in the U.S. who don’t have papers or have loved ones that don’t, live in fear of being separated from their families and their homes. In 2018 alone, ICE deported over 250,000 people, many being hardworking folks with families who had resided in the U.S. for many years. Those ignorant to the hardships of living in a poverty stricken country, are quick to brand the actions of those who come to the U.S. by whatever means necessary as “criminal” or “lazy.” The current administration in this country is failing our immigration population, and instead of trying to ease matters, they threaten vulnerable families and communities with deportation, a thought that evokes great fear and anxiety. This year we have seen the horrible and inhumane treatment that women, men, and more specifically children, have faced in ICE camps. They are being starved and abused as if they are not human beings. This is a sad reality for many people under ICE custody, and although the issue has only recently gained popularity, the issue has existed for a very long time. So you may be asking yourself; how do I protect myself? My family? My friends? What do I do If ICE shows up at my doorstep? What don’t I do if they show up at my doorstep?
- If someone from ICE shows up at your doorstep DO NOT immediately open the door. You may think that you HAVE to let them in but you do not. First, ask the officer to identify themselves. Ask for their name, their agency, and write down their badge number.
- Whatever agency the officer claims to be with, proceed to ask them for a warrant. An officer CAN NOT enter your home without a valid search warrant. Ask them to slide the warrant under your door and inspect it.
- There are two types of warrants; a search warrant and an arrest warrant. A search warrant allows agents to search and seize whatever is indicated in the warrant. That may be a specific item, a room in your house, or the entirety of your house. An arrest warrant calls for the detainment of said person in the warrant. Regardless of which type of warrant, you want to make sure you see your name, your address, and a judge’s signature present on a warrant. If a warrant does not contain any of the following information or is missing any of the following information you may have reason to believe it is an invalid warrant. If so, you do not have to grant them entry nor step outside. The warrant will most likely be in english. Either ask someone at home to help you with translation or use google translate to take a picture and have it translated as well.
- ICE can issue an arrest warrant, but only a court can issue a search warrant. If the arrest warrant is valid, you should step outside and everyone else in your house should stay inside. The officers will cuff you and recite your miranda rights. They may ask you some questions but you DO NOT have to answer them. Officers may also ask you to sign some documents but you DO NOT have to sign anything/say anything without your lawyer present. You have the right to remain silent and you also have the right to call/ask for a lawyer before giving any kind of information.
- If you are being given a search warrant, be sure the warrant is issued by a court. If it is not, they do not have the right to search and seize anything belonging to you. If the warrant is valid, you should allow them to search and seize ONLY what is indicated in the document. You also have the right to record the actions of the officers in case you feel unsafe or sense any sort of malfeasance.
- Always remember that no matter what, if an officer fails to show you a search and/or arrest warrant or presents invalid warrant/s, you have the right to deny entry. If an officer arrests you, refrain from exposing any personal information until you have a lawyer present. Remember to always leave your lawyers contact info with a trusted friend or family member.
I hope you find this guide helpful and informative. Save this guide and share it with family and friends. Stay safe, aware, and informed.
Sources:
https://www.aclusocal.org/en/know-your-rights/ice-agents-your-door
https://archive.thinkprogress.org/heres-what-to-do-if-ice-shows-up-at-your-door-c3257b6a64e9/
At a Glance 