KNOW YOUR RIGHTS: ICE Raids and Arrests
After his inauguration on Monday, January 20, 2025, President Trump signed a slew of executive orders aimed at cracking down on immigration, and increasing arrests by Immigration and Customs Enforcement (“ICE”) officers. Additionally, the Department of Homeland Security (“DHS”) announced it is ending a policy that restricted ICE agents’ ability to arrest undocumented people at or near sensitive locations, like houses of worship, schools, and hospitals.
All people in the United States, regardless of immigration status, have certain rights and protections under the U.S. Constitution. Like so many of others, the J. Morgan Levy Firm is committed to protecting and defending these rights. The following information can help you protect yourself and your family, and defend your rights as well.
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¡Conozca Sus Derechos! Todas las personas en los Estados Unidos - sin importar su estatus migratorio - tienen derechos y protecciones bajo la constitución del país. Como muchos otros, el J. Morgan Levy Firm se compromete a proteger y defender estos derechos. La siguiente información puede ayudarle a protegerse y proteger a su familia, y defender sus derechos también.
MAKE A PLAN
Create a plan in advance with your family and friends.
Memorize the phone numbers of your family, friends, and and a lawyer.
Make emergency plans for children or if you take medication.
Remember your immigration number ("A" number) and give it to your family. With this number, loved ones can use ICE’s online locator (https://locator.ice.gov/odls/#/search) or call the local ICE office (https://www.ice.gov/contact/field-offices?office=16) to find an adult who is in immigration custody.
If you’re over 18, carry your immigration papers with you at all times.
But avoid carrying a passport in public as it may help ICE deport you faster.
Keep a copy of your immigration documents with someone you trust.
Make sure your photos and videos are being synced to the cloud (e.g. iCloud or Google photos) in case you record an interaction with ICE so that other people can access it.
ICE COMES TO YOUR HOME:
Stay calm. Do NOT open the door. Speak through the door. Demand an interpreter if needed.
Ask the agent or officer to show you a badge or identification through a window or peephole, and ask to see a warrant through the window or slide it under the door.
To enter your home, agents or officers MUST have a warrant, signed by a judge or magistrate with your name on it. Inspect the warrant for these requirements if one is provided.
ICE “warrants” are NOT signed by judges, they are ICE forms signed by ICE officers and they DO NOT grant authority to enter your home without your consent.
If no valid warrant, say: “I do NOT give you permission to enter my home based on my 4th Amendment rights. I do NOT give you permission to search any of my belongings based on my 4th Amendment rights.”
If agents or police enter your home or attempt to search your person without permission, say “I do not consent to this entry or search.” If you feel comfortable, and without obstructing the officers, or if there is a U.S. Citizen present, record the interaction with ICE.
Don’t run, argue, resist, or obstruct the officer, even if you believe your rights are being violated, and keep your hands where officers can see them.
You have the right to remain silent, even if they have a warrant, and do not have to discuss your immigration or citizenship status with police, immigration agents, or other officials. Anything you tell an officer can later be used against you in immigration court.
Say: “I do not wish to speak with you, answer your questions, or sign or provide any documents based on my 5th Amendment rights. I want to speak with a legal representative or lawyer as soon as possible.”
Do NOT lie about your status or provide false documents.
Do NOT provide or sign any documents.
ICE STOPS YOU IN PUBLIC:
(Work, Church, School, etc.)
Stay calm and do not resist or obstruct the agents or officers.
Ask the officers or agents to properly identify themselves.
If you feel comfortable, and without obstructing the officers, or if there is a U.S. Citizen present, record the interaction with ICE.
You have the right to remain silent. Say so out loud and be clear.
In some states, like New York, you may be required to provide your name if asked to identify yourself in certain circumstances.
You especially DO NOT have to answer questions about where you were born, whether you are a U.S. citizen, or how you entered the country.
Please note: separate rules apply at international borders and airports.
If you do speak, ask to inspect the warrant and verify your name is properly listed; if no warrant is provided, you do NOT have to wait for officers to obtain one.
Do not agree to what ICE asks. For example, do not follow them to their office or immigration offices like USCIS, and do not take them to your home or agree to meet them for coffee.
If you are not a U.S. citizen and an immigration agent requests your immigration papers, you must show them if you have them with you. If you’re over 18, carry your papers with you at all times.
If you don’t have them, or you are undocumented, repeat that you want to remain silent, and that you want to consult a lawyer before answering any questions.
Avoid carrying a foreign passport, foreign ID, consulate card, foreign driver’s license, foreign voting card, etc.
Do NOT lie about your status, give false documents, or sign any documents.
Do NOT consent to a search of yourself or your belongings and say so clearly; however, police may pat down your clothing if they reasonably suspect a weapon.
If you are detained by ICE, you have the right to consult with a lawyer, but the government is not required to provide one for you. You can ask for a list of free or low-cost alternatives, or contact the J. Morgan Levy Firm at (585) 678-1084.
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