The U.S. Immigration and Customs Enforcement or ICE allow detaining any immigrant who has incomplete immigration documentation.
Living in the U.S. with incomplete documents or with expired immigration documents might get you arrested or detained by the U.S. ICE. Although, you need not worry as you have some rights that you can use while the consulate (ICE) stops you in public places or at home.
Immigration and Customs Enforcement (ICE)
Immigration and Customs Enforcement (ICE) refers to a federal law enforcement agency which is responsible for migration and custom enforcement and to counter transnational crime.
Moreover, the primary mission of ICE is to stop the illegal immigration and cross-border crime that threaten the public safety of the country.
Well, ICE has some responsibilities and authorities which are limited to some extent. Therefore, ICE can’t use it’s power unnecessarily to detain expatriates without the consent of the court.
Who can be Arrested by ICE?
Immigrants are at risk of being detained by ICE, if-
- They do not have any lawful immigration status.
- They have lawful immigration status; however, they have certain criminal convictions.
Some Ways by Which ICE may Know About You
If you have ever been arrested by police and are listed on a police record list, caught by the immigration in the past, or you are on probation or parole, then ICE may quickly identify you and find you.
Know Your Rights to Save Yourself Being Caught by ICE
Countries like the USA or Canada give several benefits of rights to the immigrants. By using these guidelines, you can save yourself being arrested or detained by ICE.
#1. When ICE Confronts you Inside Your Home
When an officer approaches your home and asks some questions, then you have a few rights of not giving any answer or statement to the officer. In such cases-
- Don’t open your door until the ICE officer has a valid and signed search warrant.
- Check out the top and signature line of the warrant whether it is issued by the court and signed by the judge.
- Try to stay silent and don’t speak anything. Just tell the officers that you want to talk to the lawyer.
- Be calm and polite. Don’t lie. You only need to say “I don’t want to talk to you right now”.
- If ICE officers are looking for someone else, don’t tell them the exact location of that person. Either, you can ask them to leave their contact details.
#2. When ICE Confronts you Outside Your Home
If ICE officers need to arrest someone publicly, they loudly call their name and ask them to confirm his/her name. If the situation arises with you, follow a few necessary steps-
- When the ICE agents detain you, ask, “Am I free to go?”-
# if the answer is YES: tell them that “I don’t want to speak with you right now” and walk away.
# if their answer is NO: tell them “I want to use my right to remain silent” and “I want to talk to my lawyer.”
- Don’t provide any false document about your citizenship status.
- If the agents want to search inside your pockets, don’t consent them to a search.
- Never sign any document before consulting your lawyer.
- Refuse to answer any question by using your right to remain silent.
ICE agents quickly detain people without having proper knowledge or guidance. Even, all processes are done very quickly by the officers and immigrants are not able to use their rights.
Therefore, immigrants know their rights and always exercise those rights whenever needed.