What Are Your Rights If Undocumented & Immigration and Customs Enforcement Visits Your Home?

In a previous article (“What Are Your Rights If Undocumented and ICE Stops You on the Street?”), we informed you that all people living in the United States, including undocumented immigrants, have certain U.S. Constitutional rights. We further advised you of your rights if you are undocumented and ICE agents stop you on the street or in a public place.
The following are your rights if ICE agents visit your home:

1. You do not have to open the door unless the officers have a valid ICE warrant.

• The warrant must have a) your correct name and address on it, and 2) be signed by a judge.
• If the officers say they have a valid warrant, ask them to slide it under the door for you to confirm it has your correct name and address, and is signed by a judge.
• If the warrant does not have your correct name and address on it, and is not signed by a judge, you do not need to open the door. ICE agents often try to use a “warrant” which is not signed by a judge, so look at the document carefully.
• If the ICE warrant is valid, you must open the door but the agents may not enter your home unless you agree to let them in.
• The focus of this article is ICE warrants. Other types of warrants, such as, “arrest warrants”, may provide for agents/officers to enter your home without your consent.

2. You have the right to remain silent.

• If the ICE agents have a valid warrant, you must open the door but you do not have to speak to them or answer any questions.
• If you choose to remain silent, say so out loud.
• If you are asked where you were born or how you entered the United States, you may remain silent.

3. You have the right to refuse to show any identity documents that say what country you are from.

• Do not show any false documents.
• Do not lie.

4. You have the right to speak to a lawyer.

• If you are detained or taken into custody, you have the right to immediately contact your lawyer.
• If you do not have a lawyer, you may ask for a list of pro bono lawyers.
• You may refuse to sign any paperwork until you have had the opportunity to speak to a lawyer.

If you want more information about your rights or learn if you might be eligible for immigration benefits or relief, contact the Law Offices of Azita M. Mojarad, P.C. by e-mailing azita@azitalaw.com or calling 312.641-0771.