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At a time when it seems like ICE (Immigration and Customs Enforcement) raids make the news more and more often, immigrants to this country may worry about what they should do if they happen to get an unwanted knock on their door. If you're an undocumented immigrant, or you live with somebody who is, this is a valid fear. However, you should know that even if you're undocumented, you do have rights, and you should know how to exercise them in the event that you ever get one of those knocks on the door.
Don't Open the Door Without a Proper Warrant
Don't open the door until you find out who is at the door. ICE agents sometimes claim to be police officers in order to gain entry to the home. While they technically are law enforcement officers, they aren't the same as your local police officers. In many cities, local police officers don't handle immigration issues at all, and don't consider immigration status when dealing with other law enforcement issues. If there are officers at your door, ask for identification so that you know which agency they're from.
You should also find out why the officer is there before opening the door. If they do not have a warrant, you do not have to allow them in. A warrant should be signed by a judge and indicate a specific person that they're looking for or a specific place they want to search, like this example. An order issued and signed by an immigration official, not a judge (like this) is not enough. Without a judicial warrant, you don't have to let them in.
Technically, opening your door is not an invitation to come in, but it's safer to keep the door closed unless you have to open it. If the officers at the door have a warrant, have them slide it under the door so that you can look at it before you open up.
Don't Answer Questions
Whether or not you're a citizen, you have the right to remain silent. You may be forced to allow ICE agents in, but you don't have to help them or give them any answers. If ICE agents force their way in without a warrant, you can say something like "I don't consent to this search". After that, with or without a warrant, the only things you should say are "I'm exercising my right to silence" and "I want to see a lawyer."
Whatever you do, don't give false information. Don't make up a name for yourself, show a fake ID, or offer forged immigration documents. Those will just cause more legal trouble – you could be charged with forgery or identity theft.
Don't Sign Anything
You may be given documents and asked to sign them. However, you should not sign any documents that you can't understand, and you should request a chance to speak to an attorney before signing anything, even if you can understand it.
The document may be a voluntary deportation order. Basically, signing it means that you agree to leave the country voluntarily, rather than accepting deportation. The reason that you shouldn't do this without a lawyer's advice is that there may be a way for you to stay in the country if you go to immigration court instead. And if it turns out that you're not eligible to stay in the country, the judge may be willing to grant you a voluntary deportation order at that point, which will allow you to avoid the penalties of deportation. But signing a voluntary deportation order before you talk to a lawyer or see a judge removes any option you may have had for staying in the country.
Immigration issues are complicated. If you're concerned about your legal status in the country, you should consult an immigration lawyer in your area for advice about how to protect yourself.
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