As Immigration and Customs Enforcement (ICE) descends upon cities throughout the U.S., its presence has created a tense and ever-changing situation for impacted communities. Whether you’re experiencing a crackdown or are fearful of where agents will head next, it’s important to support your neighbors and help your community through this unique situation.
On this page, our team of compassionate immigration lawyers at Shamieh Law explains what you can do if ICE is in your city, how to protect yourself and your neighbors within the law, and how to stay safe during enforcement activity.
What Can You Legally Do Against ICE?
ICE and Customs and Border Protection (CBP) officers have broad authority under federal law to question individuals and, in certain circumstances, make warrantless arrests based on a reasonable belief of an immigration violation. At the same time, that authority is governed by statutory and constitutional limits.
Under the Trump administration, ICE and Customs and Border Protection (CBP) agents have stretched the law as far as they can to detain and forcibly remove immigrants from the U.S., often treading on individuals’ legal rights in the process. ICE and CBP officers have employed racial profiling, excessive use of force, and other tactics to maximize arrests while minimizing accountability.
When dealing with immigration officers, it’s crucial to know your rights and how to protect them. Here’s some advice on what to do in certain encounters with ICE agents:
What if ICE Stops Me on the Street?
You can ask if you are being detained or free to leave. If the agent says you are free to leave, you may walk away slowly and calmly.
ICE generally must have a lawful basis to detain or arrest you. You have the right to remain silent and are not required to answer questions about your immigration status. If ICE confronts you, do not run away. It’s important to stay calm when being confronted by ICE. Running away or sudden movements may give them a pretext to use force against you or arrest you, whether it’s reasonable or not.
What if ICE Tries to Search My Home?
You can refuse entry to your home if ICE does not have a proper judicial warrant. ICE has attempted to use administrative warrants or detainers to conduct searches, but they cannot legally enter your home without a warrant signed by a judge unless you consent. Click here for examples of what a valid warrant looks like and what documents ICE may try to use instead.
Do not open your door to receive the warrant. Instead, ask the agent to slide it through or under your door. If ICE illegally enters your home, plainly state that you do not consent to their entry or any searches, but do not physically interfere. If it is safe to do so, begin recording their activity and take notes to prepare for future legal action.
What if ICE Stops My Car?
Vehicle stops have similarities with both home searches and on-foot encounters. You may ask whether you are free to leave, and, if allowed, drive away slowly. In most situations, ICE agents need lawful justification to search your vehicle. If officers break into your vehicle or search it without your consent, document what happens if you can do so safely.
If you’re stopped in your car, you can ask the officer to identify themselves and what organization they’re with. You must provide your driver’s license if asked, though passengers are not required to provide any personal information.
How Can I Prepare for an ICE Encounter?
If you’re concerned that immigration agents might detain you or a loved one, creating a family plan can help you prepare for an emergency.
If children are involved, make sure trusted caretakers are given written permission to watch over them if their parents are detained. Make sure your family knows where their personal documents are and that they have emergency contacts memorized. Make sure your loved ones are aware of ICE’s detainee locator search in the event of an arrest.
While you are not required to show proof of citizenship or immigration documents to ICE, having copies of them on your person may help de-escalate an encounter. You can also carry a “Know Your Rights” card for quick reference.
What Can I Do if ICE Stops My Neighbor?
If your neighbor is being confronted or detained by ICE, you can legally observe and record the interaction from a safe distance. Make sure to voice specific details, such as how many agents are there, where you’re at, and what agency they appear to be with. Contact the detainee’s family if possible and keep them informed of what’s happening.
Stay calm and do not physically interfere, as agents may attempt to arrest you or use force.
What Should I Tell Someone Being Detained by ICE?
You have the right to speak with someone being detained while maintaining your physical distance. You can remind your neighbor that they have the right to remain silent and not answer any questions without a lawyer present.
You can also ask the individual to share their contact information, as well as that of someone they trust.
How Can I Safely Record ICE?
ICE may claim its officers are “highly trained in de-escalation,” but with recent high-profile killings of ICE observers in Minneapolis, that statement rings hollow. It’s important to exercise extreme caution when recording officers. You generally have the legal right to witness and record law enforcement activity in public spaces. However, make sure not to interfere with ICE operations while recording and maintain a safe distance.
There’s also strength in numbers. If possible, film while standing near other observers. Recording multiple angles of an encounter, as well as narrating key details of what’s happening, where, and when, can help create a strong record that’s harder to dispute.
Is it Legal to Report Where ICE Is?
Yes, it is legal to share reports of ICE activity. Shamieh Law is a proud partner of ICEinmyarea.org, a community-powered ICE activity tracker. The website catalogs anonymous reports of recent encounters with confirmed or suspected ICE agents across the U.S., reviews them for authenticity, and displays them on a map for easy access.
Should I Speak to ICE?
We do not recommend voluntarily speaking to ICE for a variety of reasons. Even if you are a U.S. citizen or have a valid immigration status, there have been many instances where ICE has wrongfully detained citizens or legal residents.
When interacting with an ICE officer, you have the right to remain silent. You do not have to answer any questions about your immigration status or show any documents. If the agent persists, calmly state that you are choosing to remain silent and will not speak without a lawyer present.
How Can I Help My Vulnerable Neighbors?
When it comes to dealing with ICE enforcement, the needs of each community and individual will be different. Whether your neighbors need a physical presence, monetary support, or just desire a helping hand, there are many ways to get involved and help protect your community:
- Engage your neighbors directly: If your neighbors’ lives have been impacted by an unexpected detainment or fears of ICE activity, offering your assistance can make a significant difference. You can ask if they’d like to be accompanied to grocery runs, school or work trips, or other everyday activities. You can also offer to provide extra food, clothes, or other necessities.
- Work with local organizations: Mutual aid initiatives, ICE watch groups, and other local organizations in your community can work directly to help those affected by immigration enforcement.
- Donate to food banks and other charities: Supporting organizations dedicated to helping those in need can make a difference for your neighbors, whether by donating funds or volunteering.
- Call your representatives: Getting politically active can rally support for your neighbors and convince local and state representatives to intervene.
“They are stretching the law as far as possible and trying to get away with anything that they can to detain individuals and… expeditiously remove them from the country. I think (the president) really is just trying to strongarm them and make this a country of non-immigrants, when immigrants really are the reason this country is so great.”
Shamieh Law is Here for Immigrants Across the United States
If you believe ICE has violated your rights or those of a loved one, it’s important to seek legal advice from a knowledgeable immigration attorney as soon as possible.
At Shamieh Law, we believe in treating everyone with respect, dignity, and compassion. Our Winning with Awareness philosophy guides us to approach each case with authenticity, empathy, and mindfulness, focusing on helping meet our clients’ needs while working tirelessly to get them the results they deserve.
As a second-generation Palestinian-American, Ramez Shamieh understands the struggles faced by immigrant families in the U.S. We believe that our immigration system doesn’t need to be complicated, stressful, or costly, and we’re committed to helping our clients get the best possible outcome with minimal frustration.
If you need help with your immigration case or have questions about ICE, you can contact us online or call (888) 415-3834 today for a free consultation.