15Feb

Know Your Rights: If You Encounter ICE

If you live in Florida, you may be aware of ICE presence. If you do not, ICE is a government run group of people enforcing immigration laws. Because of the increasing presence in the last several weeks, it is important to remember that all individuals in the United States have rights, regardless of immigration status. Here is some information that can help you protect yourself and your family.

First create a safety plan. It is good to identify emergency contacts and memorize their phone numbers. Also provide your child’s school or day care with an emergency contact to pick up your child. Be sure to provide permission in writing for the selected emergency contact to make medical and legal decisions for your child. Tell your loved ones that if you are detained by ICE for any reason, they can try to use ICE’s online detainee locator to find you: https://locator.ice.gov/odls/#/search.

Defend your Rights. Every human in the United States has constitutional protections. This includes the right to remain silent when questioned or arrested by immigration officers.

Below is a resource for “Know Your Rights” pages, at the end of this page, there is a link that has sample administrative and judicial warrants so you can be aware of what they look like. If you are undocumented; you have the right to remain silent and do not have to discuss your immigration or citizenship status with police, ICE, or any other official. Anything you say to an officer can later be used against you in immigration court. Stay safe and remember to withhold information that you have the right to do so. If you are a US citizen or have lawful immigration status, display your passport, legal permanent residence card, work permit, or any other documentation of your current status. If you are over the age of 18, having these paper on you at all times is the best course of action. If you are outdoors and think you see ICE nearby move to a safe indoor space. If you are a US citizen and feel safe to do so, record the activity with your phone and write down any relevant information, and be careful not to interfere or obstruct operations while observing and documenting. Do not post unverified information to social media or otherwise put yourself at risk or in harm’s way. If an officer knocks at your door; do not open the door and teach children not to open the door. ICE requires a warrant signed by a judge to enter your home. ICE warrants signed by other ICE officers and not judges, do not give authority for entry into a home without consent of the occupant[s]. If you are pulled over in a traffic stop; ask whether the person is ICE or Police. ICE sometimes identifies themselves as police, but they are NOT police. Ask if they are ICE OR CBP (immigrations and customs enforcement or customs and border protection).

This reality is scarier to some people than others, based on your risk, but it is important not to lie about status, not to give false documents, and to ensure your hands are where they can be seen. Be sure to tell police/ICE/CBP if you need to reach into a glove compartment or wallet for papers. Staying calm, not running or resisting or fighting the officer helps you stay safe, even if you are being treated unfairly or you believe your rights are being violated, it is unfortunately a matter of safety.

Please talk with your family, loved ones, kiddos, and emergency contacts to help everyone learn the safety plan and plan of action if you do encounter any ICE/CBP or police. During this time, if you are feeling emotionally impacted by this reality and want more support or someone to talk to, reach out to Life Enhancement Counseling Services at 407-443-8862 to schedule an appointment with one of our licensed mental health counselors.

Below are four pages of “Know Your Rights” quick info sheets in Spanish, English, Haitian Creole, and French.

Resources:

https://immigrantjustice.org/for-immigrants/know-your-rights/ice-encounter/

ABOUT THE AUTHOR

Arielle Teets