As this country undergoes a change in administration, seeking to undermine our livelihood, it is important to remember that our fundamental legal rights as humans remain unchanged. We all have rights, and it is crucial to educate ourselves so we can effectively defend ourselves against any predicament we may encounter.

If you encounter ICE, here is what you should do

Typically, ICE agents already know the person they want to arrest ahead of time. However, if they do approach a random passerby, be sure to know how to act.

On the street: 🚶‍♂️

You’re walking and hear someone call for you. You turn to look, and they approach to confirm your name, leading to your detention.

Before you confirm your name or say anything, ask “Am I free to go?” 

If ICE says you are free to go → Say, “I don’t want to answer your questions” or “I’d rather not speak with you right now” and walk away. 

If ICE says you cannot leave and they begin asking you questions → Use your right to remain silent, this is the fifth amendment, a constitutional right, applicable to all, regardless of immigration status. This can look like saying, “I choose to plead the fifth” and then say, “I need to speak to a lawyer”.

• If ICE checks your pockets or belongings, say “I do not consent to a search” 
• If ICE asks for your signature, DO NOT SIGN ANYTHING.

DO NOT LIE, FALSIFY DOCUMENTS, RUN AWAY OR RESIST ARREST.

If you are in Criminal Court for a court date, REQUEST to speak to your defender.

🚪Outside of your home: 🚪

Do NOT Open Your Door. ICE agents cannot legally enter your dwelling even if you open your door to respond, unless there is a warrant signed by a judge. Still, it is best practice to talk to them loudly through the closed and locked door.

Beware: ICE agents do pretend to be police and say they want to talk to you about identity theft or an ongoing investigation. ICE uses force and intimidation to get consent to enter.

If there are strangers outside your door, demanding information, remain calm and polite. 

• Ask for their credentials, contact information, what agency they work for, DHS or ICE and if they have a warrant signed by a judge. Tell ICE to slip the proof under the door. 
• If there is no warrant, DO NOT LET ICE IN.
• Refuse to give them any information, say “I don’t want to talk to you right now.” DO NOT LIE.
• If ICE is looking for someone else, ask them to leave contact information. You don’t have to tell them where to find the person and you should not lie.

🛑🏘️In your home: 🛑🏘️

If ICE agents enter your home, do this:

• Tell ICE to get out unless they have a warrant signed by a judge. Tell them “I do not consent to you being in my home. Please leave.”
• Tell ICE, about the presence of any children or other vulnerable residents, like elderly, pregnant or ill individuals. 
• If ICE begins to search rooms or items in your home, tell them “I do not consent to your search.”
• If ICE is arresting you, tell them if you have medical issues or need to arrange for childcare. NEVER ANSWER ANY QUESTIONS that may incriminate you, (5th amendment right). Stay silent until you get a lawyer.

🚙🚗On the road: 🚗🚓

In New York State, drivers must pull over for any law enforcement officer, even if the drivers did not do anything wrong. Refusing to stop will result in violent measures by law enforcement to stop the vehicle. 

ICE pulls people over in unmarked cars and wear regular clothing with vests that say “police”. 

Before answering any questions, ASK THEM for physical proof of their credentials, an identification card and badge. “Are you the police?”  “Are you highway patrol?” “Are you immigration?” “Why am I being stopped?”

If you’re asked to roll down the window, do so slightly to prevent the officer from reaching in your vehicle. If you’re demanded for an ID, only give them a U.S. identification card like a driver’s license.

DO NOT give a foreign passport or expired visa. Passengers are not required to show any form of ID or answer any questions, if asked, plead the fifth.

Immigration Legal Assistance and Resources

Call 311

• Say “immigration legal help” for free, safe immigration appointment through ActionNYC, there are over 20 Immigration Legal Support Centers, located in New York Public Libraries, community organizations, and NYC public schools.

Call 911

• If you’re a victim of a (hate) crime, you are encouraged to contact the NYPD, they do not ask immigration status of crime victims, witnesses or anyone asking for help.
  • Call 911 for NYPD or 646-610-5267 for NYPD Hate Crimes Task Force

El Puente

• Immigration Clinic to help get Work Permits
  • Call 718-909-7466 Monday – Friday 10am to 6pm

New York State Department of New Americans

• Get legal help and local resources by calling the multi-lingual hotline (800)566-7636

Educational Materials

These organizations created material with a lot of information about how to deal with ICE.

• New York City Council
• Make The Road
• Brooklyn Defender Services and ACLU
• The Legal Aid Society
• DOE NYC Public Schools
• Planning life around Trump Administration

Tips to avoid ICE

• Avoid contact with Immigration – don’t apply to change your immigration status or to renew your green card and don’t travel outside of the United States without talking to a lawyer first!
• Avoid contact with the Criminal Justice System – the police share your fingerprints with Immigration!

Legal Rights

Right to Due Process

As per the 5th Amendment, everyone deserves a fair and impartial hearing. Immigrants have the right to be informed of all charges brought against them and have the right to an attorney to challenge and present evidence that defends them in their case.

*Illegal immigrants who have been in the country for less than 2 years and apprehended within 100 miles of the US border may be subject to expedited removal proceedings, which do not include a hearing before an immigration judge. However, Asylum Seekers are to be granted this right.  

As per the 14th Amendment, it grants equal protection for all, it prohibits that a state denies any person of protection of the laws, in other words, undocumented immigrants receive the same legal protection as citizens. 

Right to Legal Counsel

As per the 6th Amendment, undocumented immigrants facing deportation have the right to legal counsel in all criminal proceedings, meaning they are provided an attorney by the U.S. government. This right varies depending on whether a deportation proceeding is classified as a civil or criminal case.

Right Against Unreasonable Searches and Seizures

As per the 4th Amendment, individuals cannot be searched by the government, either on their property or person, without a warrant or probable cause. This right also protects immigrants.

Right to Fair Wages and a Safe Work Environment

Everyone, including undocumented workers, has the right to receive fair pay and work in a safe environment. If they are working in conditions that oppose this right, they have the right to report such hazards and be safe from retaliation. It is illegal for employers to retaliate against employees for reporting or filing a complaint about anything. It is also illegal to discriminate against employees, regardless of immigration status, based on age, gender, religion, national origin, sex, disability, genetic information, or pregnancy. This is federally enforced by the U.S. Equal Employment Opportunity Commission (EEOC).

Right to an Education

As per the 14th Amendment, every child has the right to an education, regardless of immigration status, national origin, or religion. DOE employees will not ask about or keep track of immigration status of students or family members. If they do learn about immigration status, they must keep it confidential, and will not release student information unless absolutely required to by law. New York City Public Schools (NYCPS) and the Mayor’s Office are committed to protecting the right of every student to attend public school. The United States Supreme Court has also recognized the importance of public education for all students.

Immigration and Customs Enforcement (ICE) agents or any other entity cannot enter premises except when required by law. NYC Public Schools are and remain a safe place for all students, families and educators.