Immigration enforcement has increased in many parts of the United States. While many immigrants will never have contact with U.S. Immigration and Customs Enforcement (ICE), it is important to understand your rights and know what to do if you or a loved one is detained.
Detention by ICE happens under a variety of circumstances, including after an arrest by local or state law enforcement if ICE becomes involved, or during an immigration enforcement operation at a home, workplace or public location. Someone may also be detained by ICE at or near courthouses, transportation hubs or other public places during targeted enforcement operations, or following a final order of removal or alleged immigration status violations.
Finally, ICE may detain someone after an immigration interview or appointment if ICE determines detention is legally appropriate. Please remember that being approached by ICE doesn’t automatically mean a person will be arrested, and not every encounter results in detention. Each case depends on its own facts and applicable immigration law.
If ICE approaches you, remember to remain calm and do not run. You have the right to remain silent. You do not have to answer questions about where you were born, your immigration status or how you entered the United States. You may simply state, “I wish to remain silent and speak with an attorney.” If officers come to your home, you generally do not have to open the door unless they present a judicial warrant signed by a judge.
An administrative ICE warrant alone does not authorize entry into your home without your consent. Ask that any warrant be shown through a window or slipped under the door.
If you are detained, you should ask to speak with an immigration attorney as soon as possible. Don’t sign voluntary departure papers or other immigration documents until you have received legal advice. Many important legal rights can be affected by documents signed while in custody.
If possible, contact a trusted family member or friend. Memorize important telephone numbers ahead of time. If you have children or dependents, inform the officers so your caregiving responsibilities can be addressed.
It is also wise to have a family preparedness plan before an emergency occurs. Family members can often locate someone in ICE custody using ICE’s Online Detainee Locator System once the person has been processed.
Local organizations may also be able to help. There are a number nonprofit organizations that serve Fremont and Alameda County residents:
Immigration Institute of the Bay Area (IIBA) provides low-cost and free immigration legal services, consultations, citizenship assistance and removal defense referrals.
Alameda County Immigration Legal and Education Partnership (ACILEP) operates a rapid response hotline at 510.241.4011 for reports of ICE activity and referrals to immigration legal services.
Centro Legal de la Raza provides immigration legal representation and participates in Alameda County’s rapid response network.
Fremont Family Resource Center can connect individuals with community resources and nonprofit service providers.
Being prepared is the best protection. Every immigrant family should develop a preparedness plan, keep copies of important documents in a safe place, identify emergency caregivers for children and know how to contact a qualified immigration attorney before an emergency occurs. Knowing your rights cannot prevent detention, but it can help protect your legal options and ensure that you receive appropriate legal assistance if you encounter immigration authorities.
This article is intended for general educational purposes only and is not legal advice. Individuals facing detention or removal proceedings should consult a qualified immigration attorney immediately.
Barbara Wong-Wilson is an attorney at Mission Law & Advocacy, P.C. and SW Law Group P.C. If you have any questions on U.S. immigration matters, please reach out to wo**@*********ws.com or wo**@****pc.com.
