**This blog post is not legal advice. Do not assume the attorneys at Alaska Immigration Law Center are your attorneys unless you have a signed fee agreement with them. Immigration is a very broad and complex area of the law. Please consult with a competent immigration attorney regarding your specific situation.**
As Alaska immigration lawyers and Montana immigration lawyers we deal U.S. Immigrations & Customs Enforcement often. For us it is usually when representing one our clients in removal proceedings or deportation defense. One of the first things we tell them is:
What should you do if ICE comes knocking on your door?
U.S. Immigrations & Customs Enforcement, commonly known as ICE, is the agency under the Department of Homeland Security (DHS) that enforces federal immigration law. If ICE ever shows up at your home or workplace, remember you have constitutional rights- regardless of your immigration status. Knowing these rights can make a large difference in the outcome of your immigration status.
- Remain silent and ask to call a lawyer. You have the right to speak with a lawyer.
- Call your home country's consulate or embassy.
- Ask for the agent's identification to prove they are from ICE and write down their name and ID number or take a photo, if possible.
- If you are approached by an agent on the street and they begin asking questions, ask if you are free to leave. If the answer is "yes", walk away slowly. If the answer is "no", ask for an attorney and remain silent.
- DO NOT talk or answer any questions without first consulting an immigration lawyer.
- DO NOT lie or show false documents.
- DO NOT share your passport or any other personal information without a warrant- don't even tell them where you were born!
- DO NOT flee or resist arrest.
- DO NOT sign anything.
- DO NOT open the door without a warrant.
- DO refuse a search if you are not under arrest
Using a calm and clear voice repeat the paragraph below if ICE ever shows up at your door or workplace. Follow this link to download the "ILRC red card" to assist in asserting your rights and defending yourself should you ever be confronted by ICE or other government agents:
"I do not wish to speak with you, answer your questions, or sign or hand you any documents based on my 5th Amendment rights under the United States Constitution. I do not give you permission to enter my home based on my 4th Amendment rights under the United States Constitution unless you have a warrant to enter, signed by a judge or magistrate with my name on it that you slide under the door. I do not give you permission to search any of my belongings based on my 4th Amendment rights."
We can help clients with deportation issues and questions in all fifty states and have a wide range of interpreters if needed. If you would like our help, please call our office at (907) 562-4000 or feel free to stop by either of our office in Anchorage, Alaska or Billings, Montana.
"Red cards" are available in the following languages at the Immigrant Legal Resource Center website:
- Arabic
- Chinese
- English
- French
- Hmong
- Korean
- Punjabi
- Russian
- Spanish
- Tagalog
- Tigrinya
- Ukrainian
- Vietnamese
Red Cards | Immigrant Legal Resource Center | ILRC
All people in the United States, regardless of immigration status, have certain rights and protections under the U.S. Constitution. The ILRC's Red Cards help people assert their rights and defend themselves in many situations, such as when ICE agents go to a home.
www.ilrc.org