Being detained by U.S. Immigration and Customs Enforcement (ICE) can be a stressful and overwhelming experience. Knowing your rights in such situations helps protect yourself and ensures your legal protections are respected. This article will guide you on what to do if ICE comes to your door, including how to handle an ICE raid, the steps you should take, and how you can assert your rights during detention.

What to Do if ICE Comes to Your Door

If ICE agents come to your door, it’s important to know how to respond. It can be difficult to navigate this situation, especially if you’re unsure about the legal implications of the encounter. Here are the steps to take if ICE shows up at your door:

• Remain Calm and Ask for Identification

First and foremost, it is important to stay calm. Understand that ICE agents are legally required to present identification before entering your home. Request for identification and the official warrant that authorizes their actions. If they do not possess a warrant that has been signed by a judge, you are under no obligation to let them enter.

• Do Not Open the Door Without a Warrant

If the agents do not have a warrant, you are not required to open the door. A judicial warrant, signed by a judge, is necessary for ICE agents to enter your home without your consent. If they only have an administrative warrant, you do not have to let them inside. Politely inform them that they need a signed judicial warrant to enter.

• Understand Your Rights to Remain Silent

You are not required to answer questions about the status of your immigration or personal history. It is your right to remain silent and not to provide information that could be used against you. Politely tell the agents that you wish to remain silent and that you are exercising your right to do so. Anything you say to ICE agents can be used against you in immigration court, so it is best to limit communication.

• Do Not Sign Any Documents

Do not sign any documents that ICE agents ask you to sign. This includes forms such as a voluntary departure or removal order. These documents can have serious long-term consequences for your immigration status. Before signing anything, seek the advice of an immigration attorney who can help you know your immigration rights and understand the implications of what you’re signing.

• Do Not Attempt to Flee

If you try to run from the agents, you may face additional charges or consequences. While it is your right to remain silent and refuse to answer questions, fleeing can be seen as evading law enforcement and may make things more complicated. It is best to stay where you are and remain calm until you have the opportunity to speak with an attorney.

What to Expect During ICE Detention

If you are detained by ICE, it is important to understand the process and your rights during detention. Here’s what you can expect:

• The Detention Process

Once detained, ICE will typically take you to a local detention facility where you will be processed. During processing, you may be asked for personal information, including your name, date of birth, and country of origin. You have the right to remain silent and not answer questions about your immigration history or status. ICE will also inform you of the charges or reasons for your detention.

• Immigration Detainers

If you have a criminal history or if ICE has information suggesting that you may be subject to removal, they may issue an immigration detainer. This is a request to local law enforcement to hold you until ICE can take you into custody. Even if you are in local law enforcement custody, it is important to know that you cannot be held for an immigration detainer without due process.

• Your Right to a Hearing

If detained, you have the right to a hearing before an immigration judge to contest your removal from the U.S. You also have the right to request a bond hearing where the judge will decide if you can be released from detention while you await your hearing. Depending on your case and circumstances, the immigration judge may grant or deny bond.

• Bond Hearing

During your bond hearing, the judge will review factors such as your criminal history, the risk you pose to public safety, and your ties to the community. If the judge finds that you do not pose a risk of flight or danger, they may grant bond and allow you to be released from detention. If bond is denied, you will remain in detention while your case progresses.

How to Protect Your Rights During Detention

When detained by ICE, asserting your rights is key to protecting yourself and your future. Here are some important steps to take during detention:

• Contact an Immigration Attorney

It is best to contact an immigration attorney as soon as possible after being detained. Your attorney can help you know your immigration rights, understand your legal options, and advise you on the best course of action. If you don’t have an attorney, you may be able to get a referral to one through legal aid organizations. At Ahmad & Associates, our immigration attorneys for deportation or removal in Virginia are available to provide experienced legal representation for individuals in these situations. Our team can help you navigate the detention process and determine whether you qualify for release or other forms of relief.

• Assert Your Right to a Phone Call

You have the right to make a phone call to contact your family, attorney, or a trusted individual to inform them of your detention. If you are unable to make a call, it’s important to ask the detention facility about their procedures for contacting loved ones.

• Keep a Record of Events

If possible, keep a record of all interactions with ICE agents or detention facility staff. Note the names of any officers involved, the time and date of interactions, and the details of what occurred. If you can, ask to have these events documented and signed by someone in authority at the detention facility. This record may be important if you need to challenge your detention or file a complaint later.

• Understand Your Right to Due Process

Even though you may not have a formal criminal conviction, being detained by ICE triggers your right to due process under U.S. law. You must be informed of the reasons for your detention, given the opportunity to contest your removal, and allowed access to legal counsel. If you are facing deportation, working with a qualified immigration attorney is the best way to protect your rights and ensure that you are treated fairly throughout the process.

Steps to Take If Your Loved One Is Detained by ICE

If a loved one is detained by ICE, it can be overwhelming. Here are the steps you should take to help them:

• Locate Your Loved One

If your loved one is detained, you will need to locate them in the detention system. ICE has a detainee locator tool that allows you to search for individuals in ICE custody. You will need to know their full name and Alien Registration Number (A#) to begin the search.

• Contact an Immigration Attorney

Just as it is important for detainees to have legal representation, it’s equally important for family members to consult an immigration attorney. Your attorney can help you understand the legal options available to your loved one and assist with scheduling bond hearings or other necessary steps in the legal process.

• Stay Informed About the Process

Keep yourself informed about the process your loved one is going through. Your attorney can help you track the case and inform you of any deadlines, hearings, or necessary documentation. Staying informed will ensure that you are prepared and can assist with your loved one’s case as effectively as possible.

If you or a loved one is detained by ICE, navigating the complexities of the immigration process can be overwhelming. Contact Ahmad & Associates for expert legal guidance. With over 30 years of combined experience, our team of experienced immigration and deportation attorneys can assist you through the legal maze and help you assert your rights. Let us help you get through this difficult time and protect your future. Find out more about how we’ve helped others just like you.