202. Know Your Rights When it Comes to ICE

Welcome to Progressive Pockets! I go by GG, that’s short for Genet Gimja. This is a show about finding unexpected ways to reclaim some of our power. Today’s episode is going to be super short. A follow up from last week’s episode. 

Last week we talked about how to support immigrants in Minnesota given the ice raids. And one of the categories of things that we can do to help is to know our rights. Knowing our rights is a way to protect ourselves, our families and our neighbors.

Are you familiar with the ACLU? That is the American Civil Liberties Union formed in 1920. It is a nonprofit with affiliates in all 50 states plus DC and Puerto Rico. Basically their mission is to protect civil liberties. They are agnostic, nonpartisan. And they have put together an extremely clear and easy to understand website with our rights. 

Today’s episode is going to be super simple, I’m just going to read these rights to you. You can follow along at aclu.org/knowyourrights . I am going to include the link in the show notes including the link to some printable cards so you can keep a list of these rights in your wallet.

What’s great about the ACLU resource is that they list our rights and then they include a few bullet points about ways to reduce risk of harm.

So let’s start with the basics. Let’s say that Law enforcement asks about your immigration status.

• You have the right to remain silent and do not have to discuss your immigration or citizenship status with police, immigration agents, or other officials. Anything you tell an officer can later be used against you in immigration court.
• If you are not a U.S. citizen and an immigration agent requests your immigration papers, you must show them if you have them with you.
• If an immigration agent asks if they can search you, you have the right to say no. Agents do not have the right to search you or your belongings without your consent or probable cause.
• If you’re over 18, carry your papers with you at all times. If you don’t have them, tell the officer that you want to remain silent, or that you want to consult a lawyer before answering any questions.
• In some states, you must provide your name to law enforcement if you are stopped and told to identify yourself. But even if you give your name, you don’t have to answer other questions.
• If you are driving and are pulled over, the officer can require you to show your license, vehicle registration and proof of insurance, but you don’t have to answer questions about your immigration status.

In order to reduce the risk of being harmed, here are suggestions from the ACLU:

reduce risk to yourself

• Stay calm. Don’t run, argue, resist, or obstruct the officer, even if you believe your rights are being violated. Keep your hands where police can see them.
• Don’t lie about your status or provide false documents.

Now let’s say that you are stopped by police or ICE

• You have the right to remain silent. If you wish to exercise that right, say so out loud. (In some states, you may be required to provide your name if asked to identify yourself.)
• You do not have to consent to a search of yourself or your belongings, but police may pat down your clothing if they suspect a weapon.
• If you are arrested by police, you have the right to a government-appointed lawyer.
• If you are detained by ICE, you have the right to consult with a lawyer, but the government is not required to provide one for you. You can ask for a list of free or low-cost alternatives.
• You do not have to answer questions about where you were born, whether you are a U.S. citizen, or how you entered the country. (Separate rules apply at international borders and airports, and for individuals on certain nonimmigrant visas, including tourists and business travelers.)

How to reduce risk to yourself

• Stay calm and do not resist or obstruct the agents or officers.
• Do not lie or give false documents.
• Prepare yourself and your family in case you are arrested. Memorize the phone numbers of your family and your lawyer. Make emergency plans if you have children or take medication.

What to do if you are arrested or detained

• Say you wish to remain silent and ask for a lawyer immediately. Don't give any explanations or excuses. Don't say anything, sign anything, or make any decisions without a lawyer.
• If you have been arrested by police, you have the right to make a local phone call. The police cannot listen if you call a lawyer.
• If you have been detained by ICE, you have the right to contact your consulate or have an officer inform the consulate of your detention.
• Remember your immigration number ("A" number) and give it to your family. It will help family members locate you.
• Keep a copy of your immigration documents with someone you trust.
• If you are a non-citizen: Ask your lawyer about the effect of a criminal conviction or plea on your immigration status. Don't discuss your immigration status with anyone but your lawyer. While you are in jail, an immigration agent may visit you. Do not answer questions or sign anything before talking to a lawyer. Read all papers fully. If you do not understand or cannot read the papers, tell the officer you need an interpreter.

If you believe your rights were violated

• Write down everything you remember, including officers’ badges and patrol car numbers, which agency the officers were from, and any other details. Get contact information for witnesses.
• If you’re injured, seek medical attention immediately and take photographs of your injuries.
• File a written complaint with the agency’s internal affairs division or civilian complaint board. In most cases, you can file a complaint anonymously if you wish.

Police or ICE are at my home

• Stay calm and keep the door closed. Opening the door does not give them permission to come inside, but it is safer to speak to ICE through the door.

These are your rights

• You have the right to remain silent, even if officer has a warrant.
• You do not have to let police or immigration agents into your home unless they have certain kinds of warrants.
• If police have an arrest warrant, they are legally allowed to enter the home of the person on the warrant if they believe that person is inside. But a warrant of removal/deportation (Form I-205) does not allow officers to enter a home without consent.

What to do when the police or ICE arrive

• Ask if they are immigration agents and what they are there for.
• Ask the agent or officer to show you a badge or identification through the window or peephole.
• Ask if they have a warrant signed by a judge. If they say they do, ask them to slide it under the door or hold it up to a window so you can inspect it.
• Don’t lie or produce any false documents. Don’t sign anything without speaking with a lawyer first.
• Do not open your door unless ICE shows you a judicial search or arrest warrant naming a person in your residence and/or areas to be searched at your address. If they don’t produce a warrant, keep the door closed. State: “I do not consent to your entry.”
• If agents force their way in, do not resist. If you wish to exercise your rights, state: “I do not consent to your entry or to your search of these premises. I am exercising my right to remain silent. I wish to speak with a lawyer as soon as possible.”
• If you are on probation with a search condition, law enforcement is allowed to enter your home.

The ACLU has a few more tabs you can read through about working with a lawyer and some information about entering and exiting the US at this time, so you can click on the link in the shownotes to learn more about that.

I want to thank the ACLU for putting together this clear and simple guide to knowing our rights. I hope it helps you help someone.

Let’s talk again soon!