Changing immigration policies have many people on high alert for enforcement activities. Reports from across the country indicate that documented and law-abiding immigrants sometimes get swept up in enforcement activities.
When the United States Immigration and Customs Enforcement (ICE) conducts raids, they may enter residential buildings with multiple individual units, businesses with immigrant employees or possibly even schools. During those raids, people still have certain legal rights. Immigrants who know their rights before getting swept up in an ICE raid can more effectively avoid a poor outcome by asserting themselves during interactions with ICE officers.
The right to leave
Many organizations have response plans in place for ICE raids. They may announce the impending enforcement activity. In some cases, people may be able to leave the premises before ICE arrives or enters. Even after ICE begins the raid process, some people may be able to leave. Individuals can ask whether ICE intends to detain them, and if the answer is no, they may be able to leave.
The right to remain silent
Statements made in an attempt to avoid arrest or detention can actually hurt an immigrant’s legal case in some cases. Law enforcement professionals, including ICE agents, may ask leading or confusing questions. Instead of trying to rationalize or negotiate with law enforcement professionals, invoking the right to remain silent may be the better option. The fewer statements made to law enforcement professionals, the less corroborating evidence of legal violations there may be.
The right to legal representation
Anyone facing adverse actions by the government, including criminal prosecution or removal from the country, theoretically has the right to legal representation. The support of an attorney familiar with complicated immigration laws can make a major difference for those detained because of an ICE raid.
Immigrants facing removal and other immigration issues often need help navigating what can be a contentious and confusing legal system. Asserting the right to consult with an attorney as soon as possible can help people clarify their circumstances and expedite the resolution of an immigration issue.