With President Trump’s 2nd administration, ICE (U.S. Immigration and Customs Enforcement) has ramped up its efforts to arrest and deport illegal immigrants. This has caused widespread anxiety within immigrant communities, particularly in New York and New Jersey, where businesses have been raided and undocumented workers detained. As a result, many immigrants now face unexpected risks in their workplaces and daily lives, which is having a profound social and economic impact.
ICE raids are not limited to homes and businesses but have also been reported on commutes and in public spaces. This has led to workers refusing to go to work or even quitting their jobs. Small businesses, in particular, have been hit hard, facing financial hardship and disruption in operations. Therefore, it is crucial for immigrants to be prepared and know how to respond appropriately in the event of an ICE raid.
If ICE Comes to Your Home:
- Do not open the door right away. Ask for identification and request to see a signed warrant from a judge. You can ask for the warrant to be shown through the door or window.
- If the warrant has your name and address correct, you must allow them to enter. If the warrant is incorrect, you do not have to open the door.
- If no warrant is presented, you are under no obligation to let them in.
- Be cautious, as they may pretend to be the police investigating another matter. Politely ask them to show their identification.
- Even if the warrant is correct, refrain from answering questions or signing any documents. Politely inform them that you will consult with your attorney first or you want to use your right not to answer questions.
If ICE Stops You in Public or on the Street:
- If ICE attempts to verify your identity, do not provide your name right away. Instead, ask for their identification and inquire about the reason for the stop.
- If they insist on further questions, you can invoke your right to remain silent by saying, “I want to use my right not to answer questions,” or “I want to speak to a lawyer.”
- Do not answer questions related to your immigration status, birthplace, or provide any documents such as your passport or visa.
- If they allow you to leave, you may do so quietly, but under no circumstances should you run or resist.
- Lying to ICE can create bigger issues later, so invoking your right to remain silent is the safest course of action.
If ICE Raids a Business:
- Employers should ask ICE officers for identification and a warrant.
- Businesses are private property, and ICE cannot enter without a signed warrant from a judge or consent.
- Public areas, such as a restaurant’s dining area or bar, are different, and ICE can ask employees or customers questions there. However, areas such as kitchens or storage rooms, where the general public does not have access, require a warrant or consent for ICE to enter. Never consent to their entry without a valid warrant.
- Inform your employees that only the employer can allow access to private areas and that they should not permit ICE officers to enter these spaces without your explicit consent.
When Checking the Warrant:
- Ensure that the warrant has a judge’s signature and verify the names of the court and judge issuing it. Warrants issued by the Department of Homeland Security (DHS) or ICE do not grant the authority to enter private property without the owner’s consent.
- If the warrant is not signed by a judge, you are not obligated to allow them entry.
Many immigration communities are now distributing guidelines to help immigrants prepare for ICE raids. If you are faced with a raid or encounter a checkpoint, stay calm, remember your legal rights, and act accordingly.
If you need legal consultation regarding immigration matters, please contact us at mail@songlawfirm.com.
