Know Your Rights:
What To Do If You Are Stopped By ICE or Other Law Enforcement
We must face our fears without flinching. We must honestly ask ourselves why we are afraid. The confrontation will..grant us power. We can never cure fear by (avoiding it). Nor can it be cured by repression. The more we attempt to ignore and repress our fears, the more we multiply our inner conflicts and (this will) cause the mind to deteriorate…
-Martin Luther King Jr
March 1, 1963
Your Rights Are Part of You
Rights are protections people have from the government or things that the government is required to do for you.
Your rights are NOT given to you by the government or people in power. Your rights were created when you were created and are part of you. The government exists to protect your rights. Most of the rights you have if stopped by ICE or other Law Enforcement Officers are in the Bill of Rights in the US Constitution.
REMEMBER: Every right has limits on how much protection you have. Every right also comes with responsibilities. That’s why it’s important to know how your rights work.
Immigration and Customs Enforcement (ICE)
Immigration and Customs Enforcement (ICE) is a law enforcement agency that is responsible for investigating crimes that cross any US border and enforcing immigration laws. It is run by the President’s branch of the federal government so the President decides who runs ICE and what they are going to focus on. This means a new President could change what ICE does
There are two parts of ICE:
Homeland Security Investigations (HSI)- More than 10,300 employees who investigate crimes like drug smuggling and human trafficking
Enforcement and Removal Operations (ERO)- 8,500 employees who enforce the country’s immigration laws. 6,100 are. Deportation Officers who are responsible for arresting people suspected of being undocumented, holding them for immigration hearings, and deporting people from the US. You should expect the number of detention officers to grow under the current President.
ICE Detention Officers do not wear uniforms and may just identify themselves as “Police” or “Law Enforcement”.
ICE Deportation Officers usually travel in unmarked cars. They may also not be who you expect and approach with a friendly attitude. These are all done to make their job easier
Important: Any law enforcement officer should show you a badge or other identification proving who they are. DO NOT GO ANYWHERE WITH SOMEONE WHO CLAIMS TO BE A LAW ENFORCEMENT OFFICER BUT WILL NOT PRESENT A BADGE OR OTHER IDENTIFICATION WITH THEIR NAME
Your Responsibilities If Approached By ICE Or Other Law Enforcement
3) Be Respectful
No matter what anyone thinks about what law enforcement officers are directed to do, they are doing a job that is legal and sometimes necessary. But they are also required to respect your rights. Being respectful towards them will only help make sure this happens.
Remember: Law enforcement officers have guns and always have the option to take you to jail and sort things out there
Dealing with Law Enforcement Officers is almost always unexpected and usually very stressful. But knowing your responsibilities will help protect your rights.
When stopped by law enforcement it is very easy to feel anxious and disrespected. But raising the tension will not be helpful. Speak in a clear and calm voice AND KNOW WHAT YOUR RIGHTS ARE.
2) Be Cooperative
Your rights protect you from officers doing some things. But there are also things they legally have the power to do. Cooperate when you are required to. DO NOT RUN, in some cases running from law enforcement gives them the right to search you and seize things without permission
Example: In California, Law Enforcement has the power to pat down the outside of someone’s clothing to see if they have a weapon. But they cannot search a backpack without a warrant OR PERMISSION FROM THE OWNER
KNOW YOUR RIGHTS
Part of being a Law Enforcement Officer is learning what rights people have. But this is so they can do their jobs, not to help you know what your rights are. IT IS YOUR RESPONSIBILITY TO KNOW YOUR RIGHTS AND HOW TO USE THEM TO PROTECT YOURSELF
If stopped by ICE or any other law enforcement officers the most important rights you have are:
The Right To Remain Silent
If you are stopped by ICE or any other Law Enforcement YOU DO NOT HAVE TO TALK TO THEM. In California police have the responsibility to tell you why they have stopped you. BUT YOU DO NOT HAVE THE RESPONSIBILITY TO TELL THEM ANYTHING UNLESS YOU ARE UNDER ARREST.
Before deciding to use your right to remain silent you should ask the officer:
If you are not under arrest or being detained you DO NOT HAVE TO GIVE ANY INFORMATION EVEN YOUR NAME.
If you are arrested you are required to identify yourself, BUT OTHERWISE YOU DO NOT HAVE TO TALK TO ANY LAW ENFORCEMENT OFFICER
IMPORTANT: You have the right to remain silent and do not have to tell law enforcement officers anything. But whatever you do DO NOT LIE TO THEM. If an officer thinks you are lying it will only make them think you have information they need to do their jobs. Also in some cases lying to law enforcement can be a crime.
REMEMBER: The job of law enforcement is to gather information and use that to arrest people NOT HELP YOU KNOW AND USE YOUR RIGHTS. Any questions a law enforcement officer asks when they stop people is to help them do their job, even if they are asked in a friendly way. There is also nothing that prevents law enforcement from giving false information to try and get people to give up their rights
The Right To Refuse A Search
One of the ways law enforcement officers do their job is gathering evidence by searching backpacks, cars, or people’s homes. Law Enforcement can do this when:
-They can see that there is an immediate danger
-They have a warrant
-They are given permission by the people to be searched. PEOPLE OFTEN GIVE LAW ENFORCEMENT PERMISSION TO SEARCH THEIR CAR, HOUSE, ETC. WITHOUT REALIZING IT. If an officer asked “ You don’t mind if I search your backpack do you?” how would you answer?
IF ICE OR OTHER LAW ENFORCEMENT KNOCKS ON YOUR DOOR.
1) DO NOT OPEN THE DOOR, SPEAK TO THEM THROUGH THE DOOR OR A WINDOW
2) ASK “DO YOU HAVE A SEARCH WARRANT?” IF THEY DO NOT, CLEARLY SAY “YOU DO NOT HAVE PERMISSION TO ENTER. I DO NOT CONSENT TO A SEARCH” AND KEEP THE DOOR CLOSED
3) IF THE OFFICERS FORCE THEIR WAY IN, COOPERATE AND RESTATE “I DO NOT CONSENT TO YOU ENTERING. I DO NOT CONSENT TO A SEARCH. I WANT TO TALK TO A LAWYER.” THEN USE YOUR RIGHT TO REMAIN SILENT
4) IF THE OFFICERS HAVE A WARRANT TO SEARCH THAT IS SIGNED BY A JUDGE AND CLEARLY STATES WHERE THEY ARE ARE ALLOWED TO SEARCH. LET THEM IN, COOPERATE, AND ASK TO SPEAK TO A LAWYER. THEN REMAIN SILENT
👮: You don’t mind if I search your backpack do you?
🧑🏽🦱: No
👮: No, you don’t mind. Thank you for your permission. Open the backpack.
👮: You don’t mind if I search your backpack do you?
🧑🏽🦱: Yes
👮: Yes, you don’t mind. Thank you for your permission. Open the backpack.
The Correct Way To Answer:
🧑🏽: Officer I do not give you permission to search anything unless you have a warrant
👮: You don’t mind if I search your backpack do you?
Remember:
Even if you don’t use your rights at first you can use them at any time.
-If you DO choose to speak to law enforcement you can always stop talking at any time
-If you DO give consent for a search you can tell the officer to stop at any time. As long as as you do this clearly and they haven’t found anything illegal or anything that might be evidence in a crime, they must stop the search and get a warrant to continue.
IMPORTANT: An warrant for someone to be deported (Form I-205) allows ICE Deportation Officers to arrest the person named on the warrant. THIS IS DIFFERENT THAN A SEARCH WARRANT AND DOES NOT GIVE ICE OFFICERS THE POWER TO ENTER A HOME, EVEN TO ARREST THE PERSON THE WARRANT IS FOR UNLESS THEY ARE GIVEN PERMISSION
ICE FORM I-205
Federal Search Warrant
Has the specific address and/or location to be searched
Has a list of what the officers are looking for and what they are allowed to seize
Has a date when the warrant expires and can no longer be used
Is signed and dated by a judge
The Right To A Lawyer
The laws and rules about your rights are both very simple (“You Have The Right To Remain Silent”) and very complex ( “The Supreme Court has held that police must stop questioning suspects once they assert their right to counsel, but it has also held that a person must affirmatively invoke the right to silence”). Because of this you have the right to speak to a lawyer if you are ever detained or arrested by law enforcement.
IF YOU ARE ARRESTED OR DETAINED BY ICE DEPORTATION OFFICERS OR OTHER LAW ENFORCEMENT CLEARY SAY THAT YOU WANT TO SPEAK TO A LAWYER AND THAT YOU WILL NOT GIVE ANY INFORMATION UNTIL YOU DO
IMPORTANT: Anyone arrested by ICE Deportation Officers or other Law Enforcement has the right to speak to an attorney. But the government DOES NOT have to provide a lawyer to people arrested by ICE like they do for people arrested for a crime. But everyone has the right to hire a lawyer for immigration hearings. There are organizations that provide free and low cost legal service for immigration issues
Groups That Provide Free And Low Cost Legal Services To Immigrants
NAACP Legal Defense and Education Fund (NAACP LDF)
(212) 965-2200
National Immigration Project
(617) 227-9727
www.nationalimmigrationproject.org
Puerto Rican Legal Defense and Education Fund (PRLDEF)
(800) 328-2322
South Asian American Leaders of Tomorrow (SAALT)
(310) 270-1855
U.S. Commission on Civil Rights (UCCR)
(800) 552-6843
American-Arab Anti-Discrimination Committee (ADC)
(202) 244-2990
American Immigration Law Foundation (AILF)
(202) 742-5600
American Immigration Lawyers Association (AILA)
(800) 954-0254
Council on American-Islamic Relations (CAIR)
(202) 488-8787
Mexican American Legal Defense and Educational Fund (MALDEF)
(213) 629-2512
National Lawyers Guild (NLG)
(212) 679-5100
REMEMBER:
Apple
Mobile Justice is an app created by the ACLU that can be used to:
Record encounters with Law Enforcement and automatically send the videos to trusted contacts. It is available for both Apple and Android phones