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What are your rights during an immigrantion arrest?

On Behalf of | Feb 10, 2017 | Immigration Detention

In the current political climate, immigrantion laws may seem unstable and uncertain. Many immigrants, whether undocumented, asylees or permanent residents, may worry that they are at risk for deportation.

Regardless of immigrantion status or personal circumstances, it is vital for all immigrants to be aware of their rights, especially when dealing with immigrantion and Customs Enforcement (ICE) agents.

The Trump Administration will have ICE agents focus on locating and arresting individuals who:

  • Do not have a lawful immigrantion status
  • Have pending criminal cases or prior criminal convictions
  • Received final orders of removal
  • Have committed fraud or misrepresentation against the government
  • They believe pose a threat to public safety and national security

If you or a loved one fit into any of these categories, it is important to understand what to do in the event of an ICE arrest. When an ICE agent comes to your door, remember the following:

  • Do not lie, flee or resist arrest. These actions will only make your situation worse.
  • If they do not have a warrant signed by a judge, ICE agents cannot enter your home without permission from an adult.
  • Opening the door when ICE agents knock does not give them permission to come in. 
  • You have the right to remain silent.
  • You do not have to answer any questions about where you were born, your immigrantion status or your criminal record.
  • You do not have to give them your consular documents or passport without a warrant signed by a judge.
  • You do not have to sign anything.
  • You have the right to speak to a lawyer. Contact the Law Offices of Jan Joseph Bejar, A P.L.C. to protect your rights and discuss possible deportation defenses.