What You Need to Know if an Immigration Agent Knocks on Your Door

Some are nervous about changing immigration laws and how they may be impacted. It is important to understand your rights and what to do if you are stopped by an ICE Officer, or if one knocks on your door. The law protects against unreasonable search and seizure, so a law enforcement officer must have a warrant to arrest a person or to search a residence, unless they have probable cause. Continue reading to learn about what to do if an ICE Officer comes to your residence.

What is ICE?

ICE stands for Immigration and Customs Enforcement. Immigration officers are often referred to as ICE officers. They are the officers that enforce immigration laws, border control, trade laws and homeland security. Their purpose is to protect public safety.

In the recent past, ICE has prioritized deportation of those with criminal convictions and those that try to cross the border illegally. The majority of illegal immigrants deported in the past several years had criminal convictions on record or were picked up at or near the border.

Priorities have changed and broadened with President Trump; however, the focus continues to be on public safety. The ICE website explains:

“President Trump has been clear in affirming the critical mission of DHS in protecting the nation and directed our Department to focus on removing illegal aliens who have violated our immigration laws, with a specific focus on those who pose a threat to public safety, have been charged with criminal offenses, have committed immigration violations or have been deported and reentered the country illegally.”

Steps to Follow if Officers are at Your Door

No matter who you are, it is nerve wracking to have a police officer show up at your door. Remain calm if this happens. Knowing your rights will help you to remain calm and act appropriately. If a police officer comes to your door:

1. Keep your door closed.
2. Ask them to identify themselves.
3. Ask them why they are there.
4. If they do not speak your language, ask for an interpreter.
5. If they want to enter, ask them if they have a warrant signed by a judge.
6. If they have a warrant, ask them to put it under the door.
7. Examine the warrant. Make sure it is a judicial warrant, not just an ICE document.
   • If it is not a warrant, tell them that you do not consent to their entry.
     • If they force an entry, DO NOT RESIST. Tell them that you wish to exercise your right to remain silent and ask for an attorney.
   • If they have a warrant, allow them to enter, and tell them that you wish to exercise your right to remain silent, and ask for an attorney.
     • Everyone else present at your residence can also exercise their right to remain silent.

Always:

There are a few things to keep in mind if you are stopped by a police officer.

• Exercise your right to remain silent. In order to exercise your right to remain silent, you must state: “I am exercising my right to remain silent.”
• Ask to speak to an attorney. Always ask for an attorney. You have a right to an advocate. Your attorney will fight for your rights. Say: “I want an attorney.”
• Be polite. Always treat the officers kindly. It is in your best interest to speak calmly, clearly and without anger.
  Be calm. You may be worried, upset and angry. Keep calm. Acting on your angry feelings will only cause more problems.

Never:

There are a few things you should never do when you are stopped by a police officer.

• Lie. Lying will never help. It will only cause problems. Rather than lie, don’t say anything at all. Tell the officer that you wish to exercise your right to remain silent.
• Show false documents. Showing false documents will only bring more charges against you. Do not compound your problems by showing false documents.
• Sign anything without the presence of your attorney. Never sign anything unless you have spoken to your attorney. Your attorney can explain any documents and help you understand what you are signing and if you need to sign it.
• Resist arrest. Resisting arrest likely ends with you, the officer or both injured and an additional charge of aggravated battery to a peace officer, a felony. Always cooperate. Cooperation doesn’t mean answer the officer’s questions. Politely explain that you wish to remain silent and want an attorney.
• Argue. Arguing with the police will not help your cause. Never argue. If they continue to ask you questions, simply repeat, “I am exercising my right to remain silent. I want to speak to my attorney.”

What are Your Rights?

• You have the right to remain silent.
• You have the right to an attorney.
• You do not have to let an officer into your home unless they have a warrant signed by a judge.
• You do not have to allow an officer to search your body or your car unless they have a warrant signed by a judge. (Exceptions are if the officer has probable cause.)
• You have the right to leave if you are not being arrested or detained. Ask the officer if you are free to leave. If you are free to leave, walk away slowly.

Call a Criminal Defense Attorney Today!

If you are arrested, it is important to contact an attorney as soon as possible. Gilmartin Legal can defend against all types of criminal offenses. Give our office a call today, and get the help you need.