The NYC Mayor’s Office of Immigrant Affairs has updated its Know Your Rights booklets, now available in multiple languages. These comprehensive guides are designed to provide critical information and resources to individuals who may encounter Immigration and Customs Enforcement (ICE) agents. The booklets outline the rights individuals have under U.S. law, ensuring that immigrants are informed and prepared to protect themselves in such situations.
What’s in the Booklet?
What Can I Do If ICE Is at My Door?
- You do not have to open the door for ICE or immigration. Remember, you have the right to remain silent.
- If ICE/Immigration is at your door:
- From behind the closed door, you can ask them who they are and to show their badge, ID, or business card through the window, peephole, or pass it under the door.
- If you confirm ICE/Immigration is at your door, ask if they have a judicial warrant. A judicial warrant is a paper signed by a judge that gives permission to ICE/Immigration to arrest someone.
- If they say NO, you do not have to let them in. You may say, “I do not want to speak with you.”
- If they say YES, ask them to slide the warrant under the door. You will need to comply. Confirm the name on the document and ensure it was signed by a judge.
- If ICE is looking for someone who is not in your home, you do not need to speak. If you choose to speak, you can ask ICE to leave contact information. While you do not need to tell ICE where the person is located, providing false information puts you at risk.
- In an emergency, such as a threat to public safety or a threat to someone’s life, ICE can enter without your permission. If this happens, remember you have the right to remain silent.
What Can I Do If ICE Is Inside My Home?
- If ICE enters your home without your permission, you can tell them clearly: “I do not consent to you being in my home. Please leave.” Saying this may not always stop them, but it may help any future legal case.
- If ICE starts to search rooms or items in your home, you can tell them, “I do not consent to your search.” You can continue to repeat this if they continue to search without consent.
- You can tell them if there are children or other vulnerable residents in your home.
What Can I Do If ICE Is at My Workplace?
- ICE can enter the public space of any workplace without needing a warrant. Public spaces may include an 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 warrant. Private spaces are employee-only areas, such as break rooms or storage rooms.
- Employers can ask ICE to show their identification and ask if ICE has a judicial warrant.
- As 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 stating your lack of consent may be important in any future legal cases.
What Can I Do If I Am Being Detained or Arrested?
- Remember, you have the right to remain silent and 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 can say, “I need an interpreter.”
- You have the right to an attorney. You do not need to sign any documents or answer any questions before speaking with a lawyer.
- Once detained, you will have the right to make phone calls to your family, friends, community leaders, or attorney.
- In detention, you can receive visitors, including family, friends, community leaders, and attorneys. Note that each jail has its own rules that visitors must review beforehand.
- If ICE agents are trying to talk to or arrest you, starting or continuing to record may put you at risk. However, people in the community may record ICE, so long as they do not interfere with officers.
- You can share with your attorney any audio, video, or written notes about your arrest from you or someone who witnessed it.
If You or a Loved One Are at Risk of Deportation
- Make a plan. Explore your legal options. Talk to a trusted attorney and avoid fraud.
- Call the MOIA Immigration Legal Support Hotline at 1-800-354-0365, Monday to Friday, 9:00 AM to 6:00 PM. Interpretation is available.
- Immigrant New Yorkers with questions or concerns should call the hotline for information and connections to immigration legal assistance.
- Beware of immigration legal scams or fraudulent providers who may make false promises. Remember: A public notary who is not a licensed attorney cannot fill out or file immigration forms on your behalf or give you legal advice.
Make Your Family Plan
- Choose an emergency contact and memorize their phone number. This can be a family member, friend, community leader, or lawyer.
- Organize your documents and keep them in a safe place that your emergency contacts can access.
- Choose a standby guardian: someone you trust to take care of your child if you are detained. Standby guardians can make important decisions for a child in their care, including medical and school-related decisions.
Get Legal Help
All immigrant New Yorkers can access free and confidential immigration legal help in their preferred language. The Mayor’s Office of Immigrant Affairs (MOIA) offers a range of information and services to support immigrant New Yorkers in navigating the U.S. immigration system and building their lives and futures in New York City.
- MOIA Immigration Legal Support Hotline:
If you have questions or need assistance, you can call the City-funded, free, and confidential MOIA Immigration Legal Support Hotline at 800-354-0365, available Monday to Friday, from 9:00 AM to 6:00 PM. You can also call 311 and say, “Immigration Legal,” to connect with these services. - MOIA Immigration Legal Support Centers:
The Mayor’s Office of Immigrant Affairs has established Immigration Legal Support Centers in immigrant neighborhoods across the city. These centers provide free, safe, and confidential immigration legal help to all New Yorkers, regardless of their immigration status. Located in community sites, public health facilities, public schools, and libraries, these centers ensure services are accessible and provided in your preferred language.
“This booklet provides general information and does not constitute legal advice. For legal advice, consult an attorney,” noted the NYC Mayor’s Office of Immigrant Affairs.
Key topics covered in the booklets include what to do if ICE agents approach you at home, in public, or at work, as well as how to handle interactions with law enforcement. The materials emphasize that everyone, regardless of immigration status, has certain rights, such as the right to remain silent, the right to refuse entry to their home without a warrant, and the right to speak with an attorney. Additionally, the booklets provide contact information for legal aid organizations and resources to help individuals seek assistance.
All immigrant New Yorkers can access free and confidential immigration legal assistance in their preferred language. The Mayor’s Office of Immigrant Affairs (MOIA) offers a range of information and services to support immigrant New Yorkers in navigating the U.S. immigration system and building their lives and futures in New York City.
If you have questions or need assistance, you can call the City-funded, free, and confidential MOIA Immigration Legal Support Hotline at 800-354-0365, available Monday through Friday from 9:00 AM to 6:00 PM. You can also call 311 and say, “Immigration Legal,” to connect with these services.
The Mayor’s Office of Immigrant Affairs has established Immigration Legal Support Centers in immigrant neighborhoods across the city. These centers provide free, safe, and confidential immigration legal assistance to all New Yorkers, regardless of immigration status. Located in community sites, public health facilities, public schools, and libraries, these centers ensure that services are accessible and provided in your preferred language.
For more information about the legal services available, visit the MOIA Immigration Legal Support Centers webpage.