THE POLICE OR ICE IS AT MY HOUSE

How to reduce the risk for yourself?

  • Stay calm and do not open the door. You can communicate with ICE through the door until they show you a valid judicial search warrant or an arrest warrant.

Your Rights

  • You have the right to remain silent, even if an agent shows you a court order.
  • You are not required to allow immigration agents or the police into your home without a valid judicial warrant.
  • If the police have an arrest warrant, they may enter the home of the person named in the warrant if they believe that person is inside. However, a deportation or removal order (Form I-205) does not give them the right to enter without your consent.

What to do when the police or ICE arrive?

  • Get informed. Ask who they are and the reason for their visit.
  • Request that the officer or agent show their identification through the door or window.
  • Do not allow agents to enter unless they present a valid judicial warrant for you or someone in your household, specifying the areas to be searched. If they do not have a warrant, keep the door closed and say: “I do not consent to your entry.”
  • Ask if the warrant is signed by a judge. If they have one, ask them to slide it under the door or hold it up to a window so you can review it. Do not provide false information or fraudulent documents.
  • Do not sign any document without first speaking to an attorney.
  • If agents force their way in, do not resist. Instead, state: “I do not consent to this search or your entry. I will exercise my right to remain silent and I want to speak to a lawyer immediately.”
  • If you are on probation and your status includes a search condition, authorities may enter your home without a judicial warrant.

I HAVE BEEN ARRESTED AND NEED TO APPEAL  A DEPORTATION ORDER

Your Rights

  • You have the right to appeal a deportation order, unless you choose to waive your hearing, sign a Stipulated Removal Order, or accept voluntary departure.
  • You have the right to legal counsel; however, the government is not required to provide you with an attorney. If you do not have representation, you may request a list of free or low-cost legal service providers.

What to do if you are arrested?

  • If you are informed that you do not have the right to appear before an immigration judge, it is crucial that you seek legal advice immediately. In some circumstances, a person may not qualify for a hearing before an immigration judge. However, if you receive this information, insist on consulting with an attorney, since immigration officers may overlook certain exceptions or fail to inform you about them.
  • If you fear being persecuted or tortured in your home country, communicate this to an officer and contact an attorney as soon as possible. Expressing this fear may grant you additional rights.

Related

Karla Navarrete, an attorney with Mexican roots, grew up in National City, CA.She graduated from UCLA and earned her Juris Doctor from Loyola Law School. In 2013, she was sworn in as an attorney in California.

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