What to do if you're targeted by ICE: A step-by-step guide

Today, with Immigration and Customs Enforcement (ICE) dramatically increasing its activity, knowing your rights has become especially important. Understanding the law helps protect yourself, your family, and your home, as well as avoid unnecessary trouble and achieve justice, writes NARF.

Many people, including US citizens, have recently encountered unwarranted searches, detentions, and invasions of privacy. Below are some basic guidelines on how to handle various situations.

If ICE officers come to your home

Don't open the door unless they have a valid bench warrant signed by a judge. Most documents ICE presents are administrative warrants, signed by the officers themselves. These documents do not authorize entry into your home without your consent. A valid bench warrant must include your name (or the name of the person they are searching for), clearly state the specific premises to be searched, and be signed by a general jurisdiction judge, not an immigration judge. If in doubt, ask to slide the document under the door so you can examine it carefully. Don't open the door to handle it. You can find out more about the warrant in front of you by reading the explanations on the website. NILC (National Immigration Law Center).

On the subject: An ICE agent killed a Minneapolis woman: accounts of the incident differ widely.

If an ICE officer does enter without your consent and without a proper court warrant, do not physically resist—this could result in criminal prosecution. Instead, calmly and clearly state, "I do not consent to your entry." If a search begins, immediately state, "I do not consent to the search." You have the right to remain silent. You can simply say, "I exercise my right to remain silent." If you decide to speak, never lie—lying can have serious consequences. If safe to do so, record the incident on video or audio. You can ask someone close to you to record. However, do not interfere with the officers' actions.

If ICE officers approach you at work

ICE has the right to enter public areas of any workplace without a warrant. Public areas include lobbies, reception areas, supermarkets, stores, and restaurant dining areas. They cannot enter restricted work areas (e.g., offices, warehouses, and staff-only areas) without the employer's permission or a court order. Do not panic; remain calm, do not run, or make any sudden movements. Ask directly, "Am I free to leave?" If the answer is "yes," walk away calmly. If "no," clarify, "Am I being detained?" If you are detained, you are not required to answer questions. You always have the right to remain silent. If asked about another person's identification or whereabouts, you are not required to answer. If detained, you must present identification. Do not sign any papers without consulting a lawyer. If safe to do so, record what is happening or have someone else do it for you. Do not interfere with the actions of the officers.

Create closed areas using locked doors, opaque curtains, and signs. Signs can include: "Private Property," "Entry by Appointment Only," "Patient and Staff Only," and "No Entry Without Authorization." Enforce the rules: if an area is closed, the rule applies to everyone without exception. Internal policies can further protect closed areas. Specify who has the authority to authorize entry and prohibit employees from granting such authorization themselves. Have them respond, "I am not authorized to authorize entry. Contact your manager." Designate a responsible employee who will have minimal interaction with the police and ICE, so others know who to contact. Employees are not obligated to answer questions about coworkers or clients.

If ICE officers approach you in a public place

The same rules apply here as at work: public areas are open to them without a warrant. Don't panic, stay calm, don't run. Ask, "Am I free to leave?" If yes, leave calmly. If no, ask, "Am I being detained?" If detained, remain silent by right, show identification, and refuse to sign any paperwork without a lawyer. Record the incident on video if it's safe to do so.

If ICE officers approach a minor

Minors have the same rights as adults. They have the right to remain silent and not answer questions about their immigration status, place of birth, parental status, or address. Simply say, "I prefer to remain silent. I wish to speak with a lawyer." Minors are not required to carry identification unless they are driving. If you do carry copies of documents, keep them in a sealed envelope marked "Confidential: Legal Documents, Restricted to Guardian Only." If you or your parent is detained, you have the right to remain with your parent and maintain contact with them.

If you are detained

Remain calm. You have the right to remain silent and the right to an attorney. Clearly state, "I wish to remain silent and request an attorney." Discuss any medical issues or child care needs. If you don't understand English, request an interpreter. When detained, show identification. If you are a U.S. citizen, immediately say, "I am a U.S. citizen" and ask the reason for your detention. Do not say anything unnecessary, do not sign anything, and do not make decisions without an attorney. After your detention, you may call family, friends, or an attorney. Visits with family, friends, and an attorney are permitted in the detention facility (subject to facility rules). You have the right to request a list of free or low-cost legal services. If you are detained by regular police (not ICE), a government-appointed attorney will be assigned to you in a criminal case.

You may be interested in: top New York news, stories of our immigrants and helpful tips about life in the Big Apple - read it all on ForumDaily New York

If you are at risk of being detained by ICE

Create a safety plan in advance. List emergency contacts and memorize their phone numbers. Leave the number of a pick-up person at your child's school or daycare. Keep important documents (birth certificates, medical records, children's documents) in a safe place and let a loved one know where they are. It's helpful to have a copy or photo of your birth certificate or other proof of citizenship. Provide a written authorization for medical and legal decisions regarding your child to an emergency contact. Check out ICE's online detainee locator. Safety plan templates are available online.

After release

Write down everything that happened, or have someone else do it for you. Include the names and badge numbers of the employees, the time, location, words spoken, and actions taken. Discuss the incident with a lawyer.

Read also on ForumDaily:

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A federal court has cleared the way for ICE to share immigrant data from Medicaid databases.

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