Acceso Latino provides you with information on how to act if you are detained in one of the “sanctuary cities”.
At Acceso Latino we have the Legal Guidance section for free and low-cost lawyers so that you can find support in difficult times.
In the event of an arrest by agents of the Immigration and Customs Enforcement Service (ICE), you must first go to your lawyer, since, if you have committed an offense, have a criminal record or are illegally in the United States, ICE considers you as possible deportation or inadmissible. Your lawyer will guide you, since being deportable or inadmissible are different terms.
But this not only applies to undocumented people, but also to those who have a Green Card, that is why lawyers advise to comply with their obligations and act well. Aspects that will be important in case of applying for US citizenship.
Another reason that legal advice is very important is that you should not plead guilty to a crime without first consulting with your attorney.
The following list details those who are most likely to be arrested:
- Immigrants with criminal records
- Repeat criminals
- Immigrants who may be a threat to National Security
- Immigrants with a final order of deportation
- Immigrants with criminal records that make them deportable or inadmissible in the US.
As an undocumented person you have rights and when you are arrested you can remain silent and ask for a lawyer, you also have the right not to answer questions that relate to your immigration status.
If you have a deportation order, it is very likely that you will be arrested, since ICE has databases with registered addresses. You must prepare to argue your defense. They must verify if you are eligible for the “reopening benefit”. If you entered the country legally and one of your American children is over 21 years of age who can apply for residency, do so before they arrest you. Check with your attorney if your case can be reopened.
Consider the following points before being arrested: choose a trusted person to call in any case; leave him a power of attorney to be the one to make decisions related to your life, such as your children and your belongings; If your children still go to school, contact their teachers so that they know the name of the person now responsible and let them go with them, make sure that the person in charge is legal, and if he does not have documents, that no one in ICE knows him.
If you are at home, do not open the door until the police show you a valid search warrant issued by a judge. They can show it through a window or slide it through the door. If your name and address are wrong and / or not signed by a judge, don't let them pass. If they only carry a deportation order, officers cannot enter your home unless you authorize it. If you choose to speak to them, you can do so through the door or go out and close it. Similarly, you can not answer their questions. If you decide to keep quiet, say it out loud.
Also if they ask you how you entered the country or your place of birth, do not tell them. You can not present your documents, but if you do, they are not false and do not lie. If you are detained, you have the right to speak to your attorney or one assigned to you. If you have Form G-28 on hand that shows you have legal counsel, show it to them. If you do not want ICE to assign you an attorney, your consulate can. You can refuse to sign what they request before consulting with your lawyer, or if you do not need their help, make sure you fully understand what they want you to sign.
On the other hand, if you are working and they arrive, you can leave the place, but only in case the agents release you. You can remain silent if you prefer. Also if they ask you how you entered the country or your place of birth, do not tell them. If they want to put you in a group because of your immigration status, don't move. You can not present your documents, but if you do, they are not false and do not tell lies. As if you are arrested at home, the lawyer's procedure is the same.
Finally, in case of being arrested on the street, you can keep quiet and ask if you can leave; otherwise, stay there. And the same procedure occurs as in the previous cases.
