President Trump has said he will deport between 15 and 20 million individuals residing in the United States without legal authorization. That's actually more than the 11 million officially thought to be here but nevertheless the task is being turned over to U.S. Immigration and Customs Enforcement (ICE), which is said to be gearing up for mass raids.
ICE agents can arrest people suspected of violating immigration laws, and they often conduct roadblocks and raids to arrest immigrants who don't have proper documents. They may also get an arrest warrant to detain individuals.
While ICE actions aren't criminal cases, they can still result in civil penalties, like deportation. If you're ever stopped by an ICE agent, it's important to know your rights, even though you're not being charged with a crime.
Here are three important rights to remember if ICE stops you:
Right to remain silent
Even if you're not being charged with a crime, you have the right to remain silent. This means you don't have to tell ICE agents your immigration status. However, you must still identify yourself to the officers and tell them that you wish to remain silent.
It's important not to lie or provide false documents, especially saying you're a U.S. citizen if you're not. Remember, anything you say can be used against you, so it’s best to stay quiet and consult an attorney.
Right to an attorney
You also have the right to ask for an attorney. ICE officers won't usually tell you about this right, but if you ask, they are required to stop questioning you.
Unfortunately, unlike criminal cases, the immigration system doesn't provide public defenders, so you'll need to find and hire an attorney. If you don’t have one, you can ask for a list of free or low-cost attorneys. Additionally, you can contact your country’s consulate for help.
Right to due process
Everyone, regardless of immigration status, has the right to due process under the law. This means ICE must follow legal procedures when detaining or deporting someone.
If you're facing deportation, you have the right to a court hearing where you can present evidence to defend yourself.
Be careful about signing any papers offered by ICE, such as voluntary departure forms, because doing so could prevent you from challenging deportation later.
Carry a "rights card"
To protect yourself, you can carry a "rights card," which helps remind you of what to say and do if stopped by ICE. Knowing your rights ahead of time can help prevent making mistakes that could worsen your situation.
Various organizations offer a "rights card" that you can download and carry with you as a reminder. Some can also help with what to say. Some rights cards are available in Spanish and other languages, as well.
The rights cards are produced by the Immigrant Legal Resource Center and are available in multiple languages. Below are cards in English and Spanish. You can find other languages here.
