Know Your Rights: If You Encounter ICE in Public

If you come into contact with an ICE officer outside your home, there are a few things to keep in mind.

First, do not run. Running from any law enforcement agent is not only dangerous, it also gives them a reason to detain you if they didn't already have one.

Second, if the ICE officer asks you a question, the first thing you should say is "Am I free to leave?"

If they say yes, say nothing else and calmly walk away.

If they say no, you are being detained.

At this point, if they ask, you are required to give your name and date of birth, but nothing else. If they ask you anything else, say "I want to remain silent." You may also say "I want to speak to an attorney."

Once you say this (or these) things, remain silent. Do not say anything else.

Your goal now is not to give the officer "probable cause" to begin a deportation process against you. "Probable cause" exists if the ICE officer determines you were born outside the United States, and you cannot prove that you have legal status in the United States.

If you are detained, the ICE officer will look at the documents you are carrying with you. Do not carry any false documents. A foreign ID document could be evidence of foreign birth.

Third, if ICE begins a deportation process against you, the advice changes. At this point, your goal is to avoid immigration court proceedings or worse, expedited removal.

If you have evidence of a pending immigration application and/or evidence of two years of physical presence in the United States with you, this is the time to show it to the officer. If the documents are at home, ask to call a friend or family member to bring them.

To this point, it is a good idea to have at least one person's phone number memorized in case you need to call them from an ICE facility. Make sure that person knows where your documents are and how to contact your attorney's office.

We are not currently handling bond hearings, but we can refer you to trusted colleagues who can help.

Please note, if you have been deported before, ICE has the option to "reinstate" your prior deportation. Reinstatement looks very much like expedited removal. Both are very quick. In both cases, there is no opportunity to pay a bond to get out of detention, and you do not have the right to a hearing before an immigration judge.

If you are concerned that you may have been deported before, but you're not sure, the way to find out is to file a "FOIA" request with the various federal agencies that hold deportation records. FOIA stands for Freedom of Information Act.

We regularly request these records for our clients. It can take anywhere from 3 months to over a year to receive the records, and the agencies we request them from are different depending on where and when the possible deportation occurred.

In summary

1. Do not run from ICE in public.

2. Ask if you are free to leave.

   • If not, do not give any information other than your name and date of birth (if asked).

   • Say you want to remain silent or ask to speak with an attorney.

3. Do not carry false documents or give false information.

4. If ICE determines you were born outside the U.S., then show evidence of any pending immigration applications and/or evidence that you have lived in the U.S. for at least 2 years.

5. Call a friend or family member and have them call your attorney.

These are frightening times, and it is not easy to assert your rights, so practice your script and make sure your family knows your plan.

All people in the United States are protected by the Forth and Fifth Amendments to the Constitution. The above is general information on these Constitutional rights. It is not legal advice. For more information on how this might apply to your case, please contact us.