KNOW YOUR RIGHTS: What to do if you are apprehended or detained by U.S. Immigration and Customs Enforcement (ICE) agents

by Natasha B. | Jul 12, 2019 | Immigration, News, Press Releases and Statements

Presione aquí para la versión en Español
Peze la pou tradui nan Kreyol Ayisyen

Last month, President Trump announced that some 2,000 immigrant families with prior removal orders would be apprehended and detained by U.S. Immigration and Customs Enforcement (ICE) agents in 10 cities throughout the United States. Although it is unclear whether these raids will happen and if so, when, it is important for you to remember that all people have rights in the United States, irrespective of their immigration status and that they can assert these rights. If you believe you may be subject to arrest and detention by ICE we urge you not to panic but to be well prepared.

If ICE raids occur, keep in mind the following points:

• If you have had prior interaction with Immigration and Customs Enforcement (ICE) or have a case before the United States Citizenship and Immigration Service (USCIS) in the past and are unsure whether you have a prior removal order, call the Immigration Court Hotline at: 1-800-898-7180 to find out. Make sure you have your A-number on hand. This is an automated answering system so you do not have to speak with an actual person.
• Create a Safety Plan and Identify Emergency Contacts: Put together a folder in which to place important information including, among other things: Birth certificates of your children born abroad and in the United States; marriage certificates; your children’s school information; medical and pharmaceutical records for yourself and any of your dependents; copies of old work authorization documents issued to you by the USCIS; copies of applications for immigration relief filed with the Immigration Court or the USCIS as well as any documents given to you by the immigration court, USCIS, or the Department of Homeland Security (DHS). Also include a list of emergency contacts who can be reached in the event you are taken into custody. If you are working with an attorney currently or have worked with one in the past include their contact information as well. If you can, memorize your emergency contact and attorney’s phone numbers. Share these documents and contact information with a trusted friend or relative.
• Be Prepared: If you entered the United States without proper documentation and you have resided in the United States for over two years, include the following documents proving that you have lived in the United States for the last 2 years in your folder: Medical records for you and your children; bank statements; receipts; utility bills (including though not limited to telephone, electric, and cable bills); apartment lease agreements; medical insurance information; money transfer receipts (e.g., Sigue or Western Union); any correspondence in your name received while residing in the United States; pictures of you with a date and time stamp taken in the United States in front of notable landmarks (e.g., the Statue of Liberty, the White House, the Brooklyn Bridge, etc.); and any document clearly dated that includes your name or address in the United States. Please remember: All of these documents need to include your name and must be clearly dated. Share these documents and contact information with a trusted friend or relative.
• Provide your child’s school or daycare with your emergency contact’s name and phone number and provide authorization for the emergency contact to pick up your child.
• Remain Silent: This right applies to all individuals in the United States no matter their immigration status. You do not have to answer any questions or show any documents to an immigration officer.
• Do Not Open Doors: ICE cannot come into your home without a warrant signed by a federal judge. Ask for a judicial warrant to be slid under the door. Any document issued by the Department of Homeland Security (DHS) or Immigration and Customs Enforcement (ICE) does not authorize ICE to enter your home.
• Do Not Sign Anything: In the event you are arrested and detained by ICE do not sign anything given to you by ICE officers before reviewing it with your attorney.
• Record and Report: If you witness a raid, take note of what happened during the incident. If at all possible do this from a safe distance while not interfering with the enforcement action. Take note of where the arrest took place, what time of day it took place, how many officers were involved, how many people were taken into custody, and if children were present during the arrest.

Please make all reports to the NYC Mayor’s Office of Immigrant Affairs at reportraids@moia.nyc.gov.

For immediate emergency assistance, please contact the New Sanctuary Coalition Rapid Response Lines at (903) 884-HELP (4357) and (908) 791-5309.

For help obtaining legal assistance in New York State:

• Office of New Americans hotline at: 1-800-566-7636
• Action NYC at: 1-800-354-0365

Please review the following Know Your Rights materials from our allies at:
Rapid Response Toolkit, CLINIC
Know Your Rights Cards, CLINIC
Immigrant Defense Project
New Sanctuary Coalition
American Immigration Lawyers Association

For help obtaining legal representation in New York State, contact the Office of New Americans hotline at 1-800-566-7636.
For immediate emergency assistance, please contact the New Sanctuary Coalition Rapid Response Lines at (903) 884-HELP (4357) and (908) 791-5309.

Download this advisory as a PDF.