With immigration raids and round-ups increasing throughout the country, it is important for undocumented individuals and their families to be aware of what their rights are in the event that they are ever visited by Immigration and Customs Enforcement (ICE). In this blog, we explain what you can expect and what you should during an ICE visit.
- When ICE officers are at your door, ask them if they are immigration agents or with ICE. However, be sure to keep your door closed when asking about their affiliation. It is also important to remember that just because you open the door, does not mean that you have given permission for entry into your home. Generally speaking, it is safer to speak with ICE through your door. Inquire about the nature of their visit and ask for an interpreter if they do not speak your language.
- If agents insist on entering your home, ask for a warrant that has been signed by a judge. You can refuse entry if they can’t produce a valid warrant. If the agents say that they have a warrant, ask them to slip it under your door. Remember, an administrative warrant of removal is not the same as signed warrant from a judge.
- Only a court/judge warrant is enough for entry into your home. Make sure to verify that any warrants you are shown have been issued by a court and signed by a judge. Only open your door if ICE shows you a judicial search or arrest warrant that names a person in your residence and/or areas to be searched at your address. If ICE does not have these things, say “I do not consent to your entry.”
- Don’t resist if ICE agents force themselves into your home. Exercise your right to remain silent and consult with a lawyer as soon as you can.
Do you have more questions or concerns about how to prepare for a visit from ICE? Contact our San Jose team of immigration attorneys to learn how we can help you.