As immigration enforcement operations by U.S. Immigration and Customs Enforcement (ICE) continue to increase in frequency, understanding your rights and effective response strategies has become more crucial than ever. Whether you're an immigrant or have immigrant family members or friends, being prepared with essential information can help protect yourself and others during unexpected encounters with authorities.
What Is Immigration Enforcement?
Immigration enforcement encompasses various activities conducted by multiple government agencies. ICE primarily handles the arrest and deportation of individuals without legal immigration status, while Customs and Border Protection (CBP) manages border control and port-of-entry inspections. In recent years, local law enforcement agencies have also become increasingly involved in immigration enforcement operations.
Who Faces Higher Risk?
Recent policy changes have expanded the pool of individuals who may become targets for ICE enforcement actions. Those at higher risk include:
- Undocumented immigrants, particularly those with existing deportation orders or prior removal history
- Individuals who have resided in the U.S. for less than two years
- People with criminal records, including lawful permanent residents (green card holders)
- Asylum seekers, especially those who applied near the U.S.-Mexico border
- Individuals with expired visas who remained in the country or lost Temporary Protected Status
How ICE Operations Typically Work
ICE generally conducts targeted arrests after identifying specific individuals and obtaining deportation orders from courts. Those who cannot prove at least two years of continuous U.S. residence may face expedited removal. Most ICE arrests occur during interactions with law enforcement, such as when individuals are detained by local police. ICE agents may also make arrests in various public locations including schools, hospitals, and places of worship.
Know Your Fundamental Rights
Regardless of immigration status, all individuals in the U.S. have certain basic rights:
- Right to remain silent: You are not required to answer questions about your birthplace or immigration status.
- Right to refuse warrantless searches: You may decline consent to searches of your person or belongings without a court-issued warrant.
- Right to legal counsel: If detained by ICE, you have the right to request an attorney.
Protective Measures During Encounters
When facing ICE enforcement actions, maintaining composure and politeness is essential. Consider these recommendations:
- If possible and safe, calmly leave the area; otherwise remain still and composed
- Request to see any arrest warrant and verify it's signed by a judge
- Avoid signing any documents without legal consultation
- Document details of the encounter, including officers' names and badge numbers
Reporting Enforcement Actions
If you witness or experience an immigration raid, promptly contact community support organizations like United We Dream for legal assistance and emotional support.
Workplace Enforcement Protocols
In workplace settings, ICE generally requires either a judicial warrant or employer consent to conduct operations. Employees have the right to refuse immigration status lineups, though physical resistance should be avoided while maintaining assertion of basic rights.
Creating a Family Safety Plan
Developing a comprehensive safety plan can help protect your family during crises. Key elements include:
- Designating trusted emergency contacts
- Preparing essential documents in advance
- Making financial and medical care arrangements
- Establishing childcare plans
If Detained by Immigration Authorities
Should you be detained by ICE or CBP, immediately request legal representation and avoid signing any documents. Notify trusted individuals about your situation and learn how to access legal aid resources. These preparations and legal knowledge can help you respond appropriately during immigration enforcement actions, better safeguarding yourself and your loved ones.