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- ICE can enter the public space of any workplace without needing any type of warrant. Public spaces may include: office lobby, supermarket, retail store, or dining area of a restaurant.
- ICE cannot legally enter the private space of a workplace unless they have the permission of your employer or a judicial arrest warrant. Private spaces are employee-only areas that may include the break room or storage room of a workplace.
- Employers can ask ICE to show their identification and ask if ICE has a judicial warrant. If an immigration officer presents you or your employer with a warrant, check that it is signed by a judge, has the specific name of the person they’re looking for, their exact address, and a validity period that it’s good for.
- ICE has the right to enter the workplace if a business owner gives consent.
- In all public spaces, if approached by ICE agents at work, you DO NOT have to answer their questions and can direct them to your employer.
- If ICE agents try to search your pockets or belongings, you can say, “I do not consent to a search.”
- If they search you anyway, you cannot physically stop them, but clearly saying you do not consent may be important in any future legal cases.
- Remember you have the right to remain silent. You have the right to speak to an attorney.
- You can tell ICE if you have medical issues or need to arrange for childcare.
- ICE agents may not speak your preferred language. You have the right to request an interpreter for any conversation with ICE or any appointment or hearing you are given. You can say, “I need an interpreter.”
- If ICE agents are trying to talk to you, or arrest you, recording may put you at risk. However, people in the community may record ICE, so long as they do not interfere with officers.
- If you have proof of your lawful immigration status, carry a copy in your wallet.
- DO NOT carry foreign identity documents (such as a Mexican Consular Identification Card or “Matrícula”).
- DO NOT carry false documents.
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If you are detained:
- Create a plan:
- Once detained, you will have the right to make phone calls to your family, friends, community leaders, or attorney. Memorize the phone numbers of your emergency contacts.
- You have the right to an attorney. You do not need to sign any documents or answer any questions before you speak with an attorney. Carry the name and telephone number of an attorney or organization you can contact in case you are arrested by immigration agents. (Memorize the number if you can.)
- Provide your child’s school or daycare with an emergency contact to pick up your child.
- Provide authorization in writing for your emergency contact to make medical and legal decisions for your child.
- Tell your loved ones that if you are detained by ICE, they can use ICE’s online detainee locator to find you: https://locator.ice.gov/odls/#/search
- Defend your rights:
- All persons in the United States have constitutional protections, including the right to remain silent when questioned or arrested by immigration officers. The best way to exercise your right is by saying the words out loud. “ I wish to remain silent.” And once you say that, you don’t have to answer any questions. You can also carry a ‘Red Card’ which can be accessed and printed using this link: https://www.ilrc.org/sites/default/files/resources/red_card-spanish-biz_template-20170327.pdf
Being stopped by immigration officers or other law enforcement can be frightening, but it’s important to stay calm. During any encounter with law enforcement, it’s important to do the following:
- Stay calm and don’t run, argue, resist, or fight the officer, even if you believe your rights are being violated or you are being treated unfairly.
- Keep your hands where police can see them, and tell them if you need to reach for a wallet to show your papers.
- Create a plan:
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