The American Immigration Lawyers Association (AILA) has released a Know Your Rights flyer to help individuals, including undocumented immigrants, understand their legal protections if Immigration and Customs Enforcement (ICE) agents come to their homes. The flyer provides crucial guidance on how to respond in such situations while ensuring their constitutional rights are upheld.
One of the key takeaways from the flyer is that you do not have to open the door if ICE agents knock. Unless the officers present a valid search warrant signed by a judge, they cannot legally enter your home. It is important to note that an ICE deportation warrant is not the same as a search warrant—officers cannot force entry with only a deportation warrant unless you verbally consent to let them in.
If agents claim to have a search warrant, individuals should request them to slide it under the door or hold it up to a window for verification. If the warrant does not contain the correct name and address or lacks a judge’s signature, you are not obligated to open the door. If you decide to communicate with the officers, you can do so through the door or by stepping outside and closing the door behind you.
The flyer also emphasizes the right to remain silent. If ICE officers ask about your place of birth or immigration status, you are not required to answer. Instead, you may simply say, “I choose to remain silent.” You can also use a Know-Your-Rights card (available in English and Spanish) to inform officers that you will remain silent and wish to speak with a lawyer. Additionally, you are not obligated to show any identity documents that indicate your country of origin. However, it is critical that you do not present false documents or lie, as doing so can have severe legal consequences.
Another fundamental right highlighted in the flyer is the right to legal representation. If you are detained, you have the right to speak with a lawyer and to make a phone call to seek legal assistance. You should request a copy of the Detainee Handbook to understand the rules of the detention center. Even if you do not have an attorney, you can inform the officers that you want to consult one.
If you have a lawyer, you may present Form G-28, which verifies your legal representation. In cases where you do not have an attorney, you can request a list of pro bono (free) immigration lawyers. You also have the right to contact your home country’s consulate, which may assist in securing legal help. Importantly, you should not sign any documents without consulting a lawyer first. If you decide to sign anything, ensure you fully understand its meaning. If you do not have sufficient funds in your detention center account after 10 days, you have the right to request a free phone call to family or friends.
The Know Your Rights flyer serves as a general information guide and is not intended as legal advice. Individuals facing immigration enforcement should seek guidance from a licensed immigration attorney to understand how these rights apply to their specific situation.
Kishor Panthi
View More PostsKishor Panthi is the founder and editor-in-chief of Khasokhas and NepYork. He is the author of three books, “Kampan,” "UNTRANSLATABLE" and “Zero Mile.” He writes about social issues, immigration, and politics.
