Doann Houghton-Alico

For Intelligent, Inquisitive People

PERSPECTIVE-When ICE Is Too Hot To Handle

If ICE Comes to Your Home and Is at Your Door:

Do NOT open the door. Say: “Please slide the warrant under the door.” If they do not have a warrant, say: “I will not open the door to you without a legitimate warrant.” If there is a warrant and it won’t fit under the door, depending on the situation, have them hold it up to a window or leave it at the doorway and clearly walk away far enough that they cannot break in if you open the door. The warrant must have your (or a person in your household’s) correct name on it. If it does not, tell them the warrant is not for you or anyone in your household. It must also be signed with a signature identified as “US Magistrate Judge.” If the warrant is correct, before opening the door, call 1-844-864-8341 and report what is happening. Then, in fact, if the warrant is correct, you do need to open the door. Do NOT be armed, antagonistic, or even disrespectful. Remain calm, be polite, have a witness with you, if possible, discreetly taking notes or videotaping the interchange. Consider saying: “I apologize for the delay, but I needed to make sure the warrant was actually meant for me. I see that it is, nevertheless, I do not know why. Will you please explain the situation to me?” Particularly don’t say anything about where you were born or how you entered the U.S. See below for If ICE Detains You

If ICE Stops You Outside Your Home:

Do not resist, but ask as politely as you can under the circumstances, something like this: “I’m not aware that I’ve done anything wrong, why are you stopping me? If I haven’t done anything wrong, I believe I am free to walk away. Do you have a warrant for arresting me specifically? If not, am I free to leave now? “ If they start to question you or request documents, say: “I’m sorry, but I do not wish to answer your questions or turn over any documents to you, nor do I give you permission to search. There is a due process of law to follow if you believe I’ve done something illegal.” If you are with someone, arrange ahead of time that they have the 1-844-864-8341 number and know to step away from hearing distance of ICE, but not out of sight of you and report the incident.

If ICE Detains You:

Do not share any information with them, ask to make a phone call (and have a safe person identified ahead of time, whether it’s your immigration lawyer, or an organization, such as your church or school, that can corroborate your legitimacy). Do NOT sign anything. State: “I wish to remain silent.” If ICE wants to question you, it’s a good idea to have your lawyer present. It’s recommended that you do not carry a foreign passport or identifying papers in another language.

The National Immigration Law Center (NILC) recommends “If you are undocumented, carry evidence of having been in the U.S. for longer than two years with you, and show it to an immigration officer if you are arrested. This may not prevent deportation, but it can prevent it from happening without a chance to see a judge. Evidence can include a signed lease, church or school records with your address, or postmark mail that you have received at your home address.” Be sure to have copies of all your documentation that is kept separately and safely from the originals. They also note that  “If you are the parent or primary caregiver of a U.S. citizen or permanent resident who is under age 18, ICE may ‘exercise discretion’ and let you go.” The website for NILC, which provides additional, excellent information and advice is https://www.nilc.org/wp-content/uploads/2024/04/2025.01.29-Rights-No-Matter-Who-Is-Pres_FINAL.pdf

Most importantly, NILC recommends for anyone concerned about possible ICE interference to create a Safety Plan:

  • “Memorize the phone number of a friend, family member, or attorney that you can call if you are arrested.
  • If you take care of children or other people, make a plan to have them taken care of if you are detained.
  • Keep important documents such as birth certificates and immigration documents in a safe place where a friend or family member can access them if necessary.
  • Make sure your loved ones know how to find you if you are detained by ICE. They can use ICE’s online detainee locator (https://locator.ice.gov/odls/homePage.do) to find an adult who is in immigration custody. Or they can call the local ICE office. (https://www.ice.gov/contact/ero).
  • Make sure they have your alien registration number written down, if you have one.
  • You can call the Executive Office for Immigration Review (EOIR) hotline number at 1-800-898-7180 (toll-free) 24 hours a day, 7 days a week to get information on your case’s status.”

It’s important to document as much as you can of any ICE interference. If possible, photographs and videos of ICE agents, names of ICE agents, notes of what is said, photos of any documents they show you, such as a warrant, and videos of any physical confrontation by ICE. Whatever happens, don’t you initiate any physical confrontation!

An excellent resource is www.informedimmigrant.com/help/. Just enter your zip code and you’ll get a list of helpful and supportive organizations in your area. Note that they may not all be in your town or city.

For legal help, courtesy of NILC:

Another excellent resource is the ACLU: https://www.aclu.org/know-your-rights/immigrants-rights

To report an ICE incident in Colorado: 1-844-864-8341

Para reportar un incidente de ICE en Colorado: 1-844-864-8341

 

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