Do I have to allow ICE agents into my home if they suspect there is an undocumented person in my home? No, you do not!
Immigration raids are said to commence in July, targeting thousands of undocumented immigrants and “suspected” undocumented immigrants under the guise of “National Security.” Every individual has rights, please read this article to inform yourself of your rights.
In this week’s Newsletter, we discuss your right to refuse access into your home by ICE agents
Our Scenario: Juan and Vicky invited Juan’s 90-year old mother, Maria, to stay with them for a week, as she recuperated from a hernia surgery. Maria was originally from Peru, and had immigrated to the US legally 40-years ago, and was a lawful resident. One Sunday morning, at 3:00 am, a loud pounding on the front door woke up Juan and his family. When he looked outside, he saw at least 20-armed ICE agents surrounding the property. All were quite afraid and perplexed as to what these armed, scary men wanted. Juan asked through a bathroom window, “what is it you want with us? A male yelled, “This is ICE and we’re conducting an immigration investigation and need to ask you questions, open this door right now, or we will bust it down and take you to jail for obstruction of justice.” What should Juan and his family do?
ICE AUTHORITY GRANTED BY 2017 TRUMP EXECUTIVE ORDER
The White House January 2017, executive order issued by Donald Trump to appease his base, granted ICE the unfettered discretion and authority to seek out anyone who has been charged—not just convicted—of a crime, or who law enforcement deems might be a risk.
A raid is an enforcement tactic ICE uses to confront immigrants who have outstanding deportation orders. Additionally, it is used to find other immigrants who may be in the country illegally.
POLICE OR ICE AT MY HOME – WHAT ARE MY RIGHTS? *
How to reduce risk to yourself
Stay calm and keep the door closed. Opening the door does not give them permission to come inside, but it is safer to speak to ICE through the door.
Know your rights
You have the right to remain silent, even if officer has a warrant.
You do not have to let police or immigration agents into your home unless they have certain kinds of warrants.
If police have an arrest warrant, they are legally allowed to enter the home of the person named on the warrant if they believe that person is inside. But a warrant of removal/deportation (Form I-205) does not allow officers to enter a home without consent.
What to do when the police or ICE arrive
Ask if they are immigration agents and what they are there for.
Ask the agent or officer to show you a badge or identification through the window or peephole.
Ask if they have a warrant signed by a judge. If they say they do, ask them to slide it under the door or hold it up to a window so you can inspect it.
Don’t lie or produce any false documents. Don’t sign anything without speaking with a lawyer first.
Do not open your door unless ICE shows you a judicial search or arrest warrant naming a person in your residence and/or areas to be searched at your address. If they don’t produce a warrant, keep the door closed. State: “I do not consent to your entry.”
If agents force their way in, do not resist. If you wish to exercise your rights, state: “I do not consent to your entry or to your search of these premises. I am exercising my right to remain silent. I wish to speak with a lawyer as soon as possible.”
If you are on probation with a search condition, law enforcement is allowed to enter your home.
*GET MORE INFORMATION AT ACLU
For additional information, visit your local ACLU home page. The ACLU or American Civil Liberties Union is a civil rights “watchdog” organization who has spearheaded the information and advocacy struggle on I CE misconduct and violations of civil rights.
If you have any questions about this or any other criminal accusation, call Los Angeles Criminal Defense Lawyer Will Trivino-Perez at: (310) 443-4251 or visit our homepage www.tpalawyers.com for a direct link to chat with us.