Immigrants and US citizens are currently navigating a highly charged political environment marked by sporadic violence involving Immigration and Customs Enforcement (ICE) agents.
National anxieties have intensified following the fatal shooting of 37-year-old American citizen Renee Nicole Good by an ICE officer in Minneapolis earlier this month. The incident has sparked widespread protests and a fierce debate over federal enforcement tactics.
To clarify rights and safety protocols during such encounters, Andre Matias, Managing Attorney at Altius Immigration Law, spoke with Financial Express Online about what both immigrants and citizens should know when facing these tense situations.
What should you do if ICE stops your car while you’re driving?
If an officer uses sirens or orders a driver to stop, the driver should pull over safely. Not stopping can escalate the situation and create additional legal issues. The driver should keep their hands visible and comply with basic traffic-safety instructions. They do not have to answer questions about immigration status and can ask, “Am I being detained, or am I free to leave?”
Can ICE probe US citizens as well?
ICE has authority over immigration enforcement, not general criminal policing. In practice, both non-citizens and US citizens can be questioned, particularly during enforcement actions or collateral encounters. Citizenship does not prevent an initial stop or questioning, but it does limit ICE’s authority to detain someone once citizenship is established.
How can you assert your rights while being questioned by ICE?
A person should clearly and calmly say: “I choose to remain silent and I want to speak to a lawyer.” Silence alone can be ambiguous; stating it out loud helps preserve the right. They do not need to answer questions about where they were born, their status, or how they entered the US.
Can ICE enter your home without your consent?
ICE and Customs and Border Protection (CBP) generally need a warrant signed by a judge to lawfully enter a private residence without consent. Administrative immigration warrants (often on DHS forms) are not the same as judicial warrants. Entry without consent or a valid judicial warrant can raise serious 4th Amendment issues (which protects people from unreasonable searches and seizures by the government) and may affect the legality of any subsequent arrest or evidence.
What should you do if ICE claims to have a warrant?
The person inside should ask the officer to slide the warrant under the door or hold it up to a window. They should check whether it is signed by a judge and list the correct name and address. They are not required to open the door unless a valid judicial warrant is shown.
You get detained by an ICE agent. What to do next?
The detained person should ask to speak with an immigration lawyer immediately. Families should try to obtain the person’s A-number, determine where they are being held, and contact a qualified immigration attorney as soon as possible. Time is of the essence in detention cases.
How can people prepare in advance for a possible ICE encounter?
People should know their basic rights and assert them calmly. Carry the contact information of an immigration attorney or trusted organisation. They should have a plan (who will they call?). They must also keep important documents accessible and inform trusted family members where they are. These may be needed by the attorney.
Disclaimer: This information does not constitute legal advice for any individual situation