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.<\/p>\n
If you encounter ICE, here is what you should do<\/strong><\/p>\n 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.<\/p>\n On the street:<\/strong> \ud83d\udeb6\u200d\u2642\ufe0f<\/p>\n You’re walking and hear someone call for you. You turn to look, and they approach to confirm your name, leading to your detention.<\/p>\n Before you confirm your name or say anything, ask \u201cAm I free to go?\u201d<\/strong> <\/p>\n If ICE says you are free to go \u2192 Say, \u201cI don\u2019t want to answer your questions\u201d<\/strong> or \u201cI\u2019d rather not speak with you right now\u201d<\/strong> and walk away. <\/p>\n If ICE says you cannot leave and they begin asking you questions \u2192 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, \u201cI choose to plead the fifth\u201d<\/strong> and then say, \u201cI need to speak to a lawyer\u201d<\/strong>.<\/p>\n DO NOT LIE, FALSIFY DOCUMENTS, RUN AWAY OR RESIST ARREST.<\/p>\n If you are in Criminal Court for a court date, REQUEST to speak to your defender.<\/p>\n \ud83d\udeaaOutside of your home:<\/strong> \ud83d\udeaa<\/p>\n Do NOT Open Your Door.<\/strong> 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.<\/p>\n Beware:<\/strong> 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.<\/p>\n If there are strangers outside your door, demanding information, remain calm and polite. <\/p>\n \ud83d\uded1\ud83c\udfd8\ufe0fIn your home:<\/strong> \ud83d\uded1\ud83c\udfd8\ufe0f<\/p>\n If ICE agents enter your home, do this:<\/p>\n \ud83d\ude99\ud83d\ude97On the road:<\/strong> \ud83d\ude97\ud83d\ude93<\/p>\n 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. <\/p>\n ICE pulls people over in unmarked cars and wear regular clothing with vests that say \u201cpolice\u201d. <\/p>\n Before answering any questions, ASK THEM<\/strong> for physical proof of their credentials, an identification card and badge. \u201cAre you the police?\u201d \u201cAre you highway patrol?\u201d \u201cAre you immigration?\u201d \u201cWhy am I being stopped?\u201d<\/strong><\/p>\n If you\u2019re asked to roll down the window, do so slightly to prevent the officer from reaching in your vehicle. If you\u2019re demanded for an ID, only give them a U.S. identification card like a driver’s license. <\/p>\n DO NOT <\/strong>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.<\/p>\n Immigration Legal Assistance and Resources<\/strong><\/p>\n Call 311<\/strong><\/p>\n Call 911<\/strong><\/p>\n El Puente<\/strong><\/p>\n New York State Department of New Americans<\/strong><\/p>\n Educational Materials<\/strong><\/p>\n These organizations created material with a lot of information about how to deal with ICE.<\/p>\n Tips to avoid ICE<\/strong><\/p>\n Legal Rights<\/strong><\/p>\n Right to Due Process<\/strong><\/p>\n 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.<\/p>\n *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. <\/em><\/p>\n 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. <\/p>\n Right to Legal Counsel<\/strong><\/p>\n 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.<\/p>\n Right Against Unreasonable Searches and Seizures<\/strong><\/p>\n 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.<\/p>\n Right to Fair Wages and a Safe Work Environment<\/strong><\/p>\n 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).<\/p>\n Right to an Education<\/strong><\/p>\n 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\u2019s 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.<\/p>\n Immigration and Customs Enforcement (ICE) agents or any other entity cannot <\/strong>enter premises except when required by law. NYC Public Schools are and remain a safe place for all students, families and educators. <\/p>\n","protected":false},"excerpt":{"rendered":" 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.<\/p>\n If you encounter ICE, here is what you should do<\/strong><\/p>\n Typically, ICE agents already know the person they want to arrest ahead of time.<\/p>\n …<\/p>\n\n
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