Due to President Trump looking to deport undocumented migrants, Immigration and Customs Enforcement (ICE) has increased its presence. It’s important to know one’s rights if ICE agents approach someone. The following is from the NYC Mayor’s Office of Immigrant Affairs (MOIA); this is general information not legal advice. Consult an attorney for legal advice.
At Home
A closed door can remain closed if ICE knocks. The right to remain silent is an actual right. Behind a closed door you can ask can them to show their badge, ID, or business card through the window, peephole, or to pass it under the closed door. If they are an ICE agent, ask if they have a signed judicial warrant. If they don’t have a warrant— you may refuse to speak to them.
ICE is allowed entrance if they present a warrant signed by a judge, or if there is an emergency (threat to public safety or life) on the premises. If ICE enters and askes for someone not on the premises — you can remain silent; offering false information will put you at risk.
If ICE enters your home without your permission, you can tell them clearly: “I do not consent to you being in my home. Please leave.” You can continue to repeat this if they continue to search without consent. It may not stop them, but it could be used in a future court case.
At Work
ICE can enter the public space of any workplace without needing any type of warrant. However, ICE cannot legally enter the private space of a workplace unless they have the permission of your employer or a judicial warrant. Private space in a workplace are employee-only areas that may include the break room or storage room, etc. ICE can gain access to private space in an emergency situation, but you have the right to remain silent.
Basic Rights
Remember the right to remain silent and the right to speak to an attorney. If the ICE officers do not speak your language, you have the right to request an interpreter for any conversation with ICE or any appointment or hearing you are given.
You can tell ICE if you have medical issues or need to arrange for childcare.
You do not have to sign any documents or answer any questions before you speak with a lawyer.
Make a Family Plan:
Choose an emergency contact and memorize their phone number. An emergency contact can be a trusted family member, friend, community leader, or a lawyer. Keep documents in a safe place that emergency contacts have access to. Choose a standby guardian: someone you trust to take care of your child in case you are detained. Standby guardians have the power to make important decisions for a child in their care, including major medical decisions and decisions about where the child goes to school.
If Detained:
Detainees will have the opportunity to make phone calls to their family, friends, community leaders, or attorney. In detention visitors are allowed; family, friends, community leaders, and attorneys can visit. Each jail has its own rules that visitors must review beforehand.
Immigrant New Yorkers with questions or concerns should call the MOIA Immigration Legal Support Hotline for information and connections to immigration legal assistance. Phone: 1-800-354-0365 Monday to Friday, 9 a.m. to 6 p.m. Interpretation is available. For Know Your Rights information in multiple languages visit: https://www.nyc.gov/site/immigrants/legal-resources/know-your-rights-federal-immigration-enforcement-ice.page
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