Since our founding in 1990, at the Hispanic Federation we have worked to protect and promote the rights of immigrants. Thirty-five years later, the situation of many immigrants is much more dramatic than then and the need for help more urgent. I am referring, of course, to the wave of ICE raids, detentions and deportations, sometimes with the collaboration of the police and other armed forces. ICE is the initials in English of the Office of Immigration and Customs Enforcement.
In collaboration with the New York State Office for New Americans, the Hispanic Federation has put together a list of recommendations for those who have an encounter with ICE.
“The first thing to keep in mind,” explains Cindy Treminio, Director of Immigration Initiatives at the Hispanic Federation, “is that in the United States all people, regardless of their immigration status, enjoy certain constitutional rights, such as the right to remain silent, to have access to an attorney, and to not suffer unreasonable searches or seizures.”
So if ICE calls at your home, initially do not open the door and communicate with them through the closed door. If they say they have a court order or other official document, ask them to slide it under the door. And photograph that and other documents. If possible, immediately contact a lawyer or an organization that provides legal services.
“ICE personnel can file an arrest warrant,” Cindy explains. “But ICE arrest warrants do not authorize entry into your home, although they do allow the detention of the person mentioned and described in the warrant.”
On the other hand, if ICE officials present a valid warrant, that does give them the right to enter your home. But before letting them in, verify that the order has been issued and signed by a judge; that has not expired, and that is current. If you cannot verify the validity of the court order with a lawyer or organization, one characteristic of these is that they are long and detailed.
“Similarly,” Cindy adds, “if ICE presents you with a search warrant, or search warrant in English, that also authorizes them to enter your home, although only to search the specific area designated in the warrant. And before giving way to them, it is advisable to verify that the order is signed by a judge, that it mentions the exact address of your home, and that it has not expired and is valid.”
A third document that ICE can present is a deportation order, which must mention exactly the name of the person to be deported and the statute under which the deportation is ordered. Deportation orders do not authorize ICE entry into your home.
“If, despite everything, ICE agents enter your home,” Cindy concludes, “it is important that neither you nor anyone there offer resistance, present false documents or sign documents without consulting a trusted attorney. In that case, it is advisable to tell the ICE personnel that you do not authorize their entry or the search or search, that you are going to exercise your right to remain silent, and that you want to speak with a lawyer.”
In an upcoming column I will explain what to do and what not to do if ICE shows up at your workplace. In the meantime, I recommend that you consult All the details on this topic on the “Know your rights” page of our website.
And if you want to know more about other organizations in our Hispanic Federation, in addition to our initiatives, causes and programs, visit our website or sign us in Facebook and Instagram.
Celebrate our 35th anniversary with us, and see you in the next column!
Frankie Miranda is the president of the Hispanic Federation
The post If ICE knocks on your door appeared first on Veritas News.
