The U.S. Immigration and Customs Enforcement (ICE) officers have been popping up all over the country and deporting undocumented people and detaining citizens.
"ICE is now allowed to go into schools and churches to seek out undocumented immigrants there," Marina Shepelsky, an immigration attorney who moved to the U.S. from Kiev as a teenager and has dedicated her life to helping immigrants find safety in the U.S., told SafeWise."
To be prepared for ICE potentially coming to your town, here is a list of preparations Shepelsky suggests:
- Obtain copies of all important documents you and your children have (from the U.S. or another country), like your driver’s license, original passport from your country (every page, even the cover, national ID card from your country, and municipal ID card. Carry a copy of these documents with you at all times. It doesn't hurt to put a copy in your kids' school bags. Keep the originals safe and let your family know where they are.
- Provide your family with your “A” number if you have ever filed for any immigration benefits.
- Gather documents that prove how long you have been in the U.S., such as your children's school records, your work documents, pay stubs, money transfer receipts, and medical records. Keep them all together.
- If you were ever arrested, make sure you have the original and a copy of your criminal certificate of disposition, which is important information for what to do during an ICE raid.
- Do not carry any false or fraudulent documents. Never provide a false name to authorities. Tell your children the same.
- Ensure that your children’s documents (original U.S. birth certificates and their copies, Social Security Card, and passport) are ready. Obtain from the city office where your child was born.
- Memorize your lawyer’s number and the numbers of emergency contacts in case you lose access to your phone. Have your children do the same.
- Make sure your children's personal information at school is up to date. Update their information every time you move.
- Designate a trusted person to care for your children or dependents in case you are detained as well. Prepare legal guardianship forms, if necessary.
For guidance on how to stay safe when ICE raids your home, business, or school, we consulted with immigration law expert and attorney Jamene Christian.
Christian is an Atlanta-based immigration attorney licensed in Georgia and Connecticut and is a member of the American Immigration Lawyers Association (AILA). In addition to her work in private practice, she also works on JustAnswer answering questions related to immigration and family law.
"ICE encounters in public spaces, at home, school or work are intimidating and stressful," Christian told SafeWise. "Therefore, it is important to be prepared and informed about your rights and the ICE agents’ responsibilities when encountering you in any space."
Here are Christian's tips for what to do when you see ICE around town.
First, stay calm and composed. By doing so, you are better able to assert your rights and answer questions if you choose to do so. If you have lawful status in the U.S. provide proof (green card, U.S. passport, valid visa, etc) to the ICE agent. However, having proof of lawful status may not prevent ICE from taking you into custody if ICE believes that you have violated your valid visa or have violated the terms of your green card status.
Know your rights. No matter your status in the U.S. you have rights. You have the right to remain silent and to not answer any questions as to your status or your home country. Though the U.S. does not provide free attorneys for immigration matters, you can tell the ICE agent that you wish to speak with an immigration attorney BEFORE answering the ICE agent’s questions.
Do not run or resist. Running or resisting will escalate the encounter and may lead to your arrest for resisting arrest or for assault on a federal agent— among other charges. Remember to remain calm and assert your rights.
Always respectfully ask after a stop or encounter, if you are free to leave. If the answer is “yes,” simply walk away from the ICE agent.
Do not show fraudulent documents. You must be truthful when speaking with an ICE agent. Providing fraudulent documents is not being truthful. False documents will further complicate matters. Remember, you are under no obligation to show documents to an ICE agent.
Do not sign any documents given to you by an ICE agent. Ask for clarification and then speak with an immigration attorney BEFORE signing any document.
Record your encounter with ICE. If safe to do so, either with a pen, camera phone or mentally—get the names, badge numbers of the ICE agents (if visible). Try to remember the ICE agents’ physical features (if visible).
Establish a relationship with an immigration attorney, now! Do not wait. Have the name and number of an immigration attorney to call if you are taken into ICE custody.
Memorize the contact information of a trusted friend or family member (make sure that your trusted person is lawfully documented). If ICE detains you, you will not have access to your phone.
Be certain to have an Immigration Emergency Strategy Plan in the event ICE detains you: Money for an immigration attorney, contact information of organizations that help immigrants, money for an immigration bond, a power of attorney for a trusted friend or family member to make financial decisions on your behalf. If you have children, make sure that you have a designated guardian for your children who is able to make medical and school-related decisions for your children.
Here are some more specifics, according to Christian.
Do not allow ICE into your home unless ICE is able to provide you with a signed (by a judge) warrant with your name and correct address on the warrant. Do not open the door. Ask ICE to slide the warrant under the door or to hold the warrant up to the window. No warrant. No entry into your home.
If ICE is attempting by force to come into your home with or without a warrant, do not resist! Once ICE is in your home, try to remain calm. Remain silent when asked immigration questions and ask ICE to leave your home. But, do not interfere with ICE when ICE is in your home.
If possible, have a trusted friend or family member serve as a witness (and take notes) if ICE is ever in your home.
Have an Immigration Emergency Strategy Plan to protect you and your family (see above) if you are removed from your home.
If you do indeed have lawful status, provide proof (green card, U.S. passport, Certificate of Naturalization, valid visa, etc.) to the ICE agents. However, valid proof of status may not prevent ICE from taking you into custody.
According to Christian, there are eight steps to take when ICE enters your workplace:
- Remain calm and silent. Do not attempt to run. If possible, have your employer or a designated employee (who is has lawful status) speak with ICE on your behalf.
- If ICE is seeking to enter a restricted area (like your locker) ask to see a warrant to enter your locker (see above). No warrant, no access.
- If you have lawful status and you wish to speak with ICE, you can provide proof of your lawful status to ICE. Again, proof of lawful status may not prevent ICE from taking you into custody.
- If possible, document the "raid" (see above).
- If you have an immigration attorney, and it is safe to do so, call your immigration attorney.
- Do not provide false information or false documents to ICE.
- Do not obstruct or resist the actions of the ICE agents.
- Have an Immigration Emergency Strategy Plan (see above) in the event you are taken into ICE custody.