It is important that immigrants with or without documentation know their rights and that the authorities respect them regardless of their immigration status.
Although since September of last year the Department of Homeland Security (DHS) has new guidelines on the priority levels of detention of the Immigration and Customs Enforcement Service (ICE), it is important that undocumented immigrants are informed about how act in the event of an encounter with ICE agents.
Current DHS and ICE guidelines indicate that unauthorized immigration per se is not a reason for persecution nor should it be a priority for their agents. In this way, they focus on the detention of immigrants with a history of violence or of committing crimes.
However, if migrants are detained They have the right to remain silent and not discuss their immigration status with any immigration agent or police officer.. It is recommended to remain calm and not provide information that the officers do not require to carry out their work.
Also, in case of arrest it is important to establish an emergency plan beforehand. In these cases it is important memorize at least one or two phone numbers of relatives and legal representative if you have one.
The emergency plan should also include the easy access to important documents such as birth certificates, proof of stay in the country for at least two years and passport. This requires having an emergency contact who can access these documents.
When questioned by ICE agents, it is possible to refuse to answer certain questions such as where you were born, if you are a US citizen, or how you entered the country.
In addition, ICE has an online tool to verify the transparency and legality of an arrest made by its agents: https://www.ice.gov/ICEcasereview
