ICE officers apprehending a suspected undocumented immigrant. AP PHOTO
President Trump tweeted on June 17, 2019, that he would deport millions of undocumented immigrants (including thousands of Filipinos without legal status) beginning “next week.”
While cracking down on illegal immigration has been Trump’s priority, mass deportation has not really been fully effected, perhaps because of a lack of ICE resources and some constitutional issues. If indeed ICE is now ready to “remove millions of undocumented immigrants,’’ knowing one’s rights becomes of utmost importance to immigrants.
The Immigration Legal Resource Center based in San Francisco released the Know Your Rights advisory below, which may be asserted if the dreaded ICE visit or arrest takes place.
You have the right to remain silent.
You can assert your Fifth Amendment right. You can refuse to speak to an ICE agent. Do not answer any questions, especially about your place of birth, immigration status, or how you entered the United States. Say what you want to remain silent until you speak with a lawyer.
You have the right to demand a warrant before letting anyone into your home.
The ICE agent may not enter your home without a warrant. You do not have to give permission for him to enter. It is okay not to open your door unless the agent shows you the warrant. If the warrant is presented to you, ask the agent to slip it under the door or through the window. Make sure it is signed by a judge with your correct name, address, and date of birth.
You have the right to speak to a lawyer and the right to make a phone call.
It is important to have your attorney’s phone number handy. You will be entitled to make a phone call. If you do not know your attorney’s number, call a trusted friend or relative to coordinate with your attorney.
You have the right to refuse to show any documents before speaking with a lawyer.
When you are visited by an ICE agent, you do not have to give permission to search any of your belongings unless there is a warrant. You can ask to speak with a lawyer before you submit any documentation.
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You have the right to refuse to sign anything before you talk to a lawyer.
If you are apprehended and taken into custody, some documents will be presented to you later for signing. Do not sign anything. If you sign without understanding the nature of the document, it is possible that you are signing a waiver of your rights to a lawyer or to a hearing. And if you waive these rights, it may result in your immediate removal without a hearing.
Each case of an unauthorized individual is different, and all non-U.S. citizens must be vigilant about their rights. Considering the threat of a mass apprehension, it is worth exploring legal options with a trusted professional immigration attorney and from there decide on an appropriate course of action against possible removal.
(Atty. Lourdes S. Tancinco is a San Francisco CA-based immigration attorney at Tancinco Law Offices and may be reached at [email protected], www.tancinco.com , facebook/tancincolaw, or at 1 888 930 0808 or at 1 415 397 0808.)
