If you are stopped by a U.S. Immigration and Customs Enforcement (ICE) officer, know that even as an undocumented immigrant, you still have rights under the U.S. Constitution. Knowing these rights will help you be prepared if an ICE agent approaches you at work, at home, or in public.
If you have questions about your immigration status or need an experienced immigration attorney, schedule a consultation with one of Antonini & Cohen’s top Atlanta immigration lawyers today!
At Work
ICE cannot enter your workplace without a valid search warrant or consent by your employer. If they appear at your workplace:
Do not panic. Do not run. Walk calmly toward the exit to avoid drawing attention.
If you are stopped, ask if you are free to go. If the officer says no, do not try to leave.
If an officer asks you to group by immigration status, you do not have to move. If you decide to move, find a spot away from the already established groups.
At Home
ICE is not allowed to come into your home without a valid search warrant signed by a judge. You do not have to let them inside or open the door for them. Instead:
Ask if they have a valid and signed warrant and have them either slide it under the door or hold it against the window for you to see.
Check the document to ensure your information (name and address) is correct AND that it is signed by a judge.
If you choose to speak to the officer, you can speak through the door, or you can step outside and close the door behind you so they are not let in.
In Public
If ICE stops you on the street or in a public area, you have the right to refuse consent to a search of your person and your belongings. The officer may still pat you down if they believe you are concealing a weapon.
Right to Remain Silent
No matter where you are, know that you have the right to remain silent if confronted by an ICE agent. Exercise this right by:
Announcing you are choosing to remain silent.
Avoiding speaking or answering questions.
Refusing to present documents that prove your country of birth.
If you decide to speak with an agent, it’s important that you do not lie or provide false documents.
Right to an Attorney
If you get detained, you have the right to contact an attorney like Antonini & Cohen Immigration Law Group.
If you already have an attorney, give the officer your signed DHS Form G-28 as proof of counsel.
If you don’t have an attorney, an immigration officer can provide a list of lawyers.
You may also contact your consulate and ask for help in locating an attorney.
You have the right to refuse to sign any paperwork until you’ve spoken to an attorney. If you choose to sign without counsel, make sure you understand exactly what you are signing.
Be prepared, remain calm, and protect your rights. If you or someone you know needs an experienced immigration attorney, call us at (470) 428-3200. At Antonini & Cohen, we know how!