Recently, residents have reported that the Immigration and Customs Enforcement (ICE) agency appeared at the entrance of a school in New York. Although they were ultimately unable to successfully enter the school for arrests, this incident has sparked community concerns.
ICE is a federal agency responsible for enforcing immigration laws in the United States, arresting, detaining, and deporting individuals without legal status within the country and at the border, as well as investigating immigration-related violations. Therefore, understanding ICE’s enforcement powers, knowing one’s rights, can help immigrants protect themselves and their families in emergency situations, and seek appropriate legal assistance.
ICE has the authority to arrest individuals suspected of violating immigration laws. Immigration attorney Edward Cuccia recently stated in an immigration seminar that he listed the individuals that ICE might prioritize for arrest, including: undocumented immigrants; undocumented immigrants with criminal records or those arrested by police; individuals who have received final deportation orders; individuals deemed to be public safety or national security threats, such as those facing gun or weapon charges; and certain individuals with legal status, such as lawful permanent residents (green card holders) or refugees, who may become subjects of ICE enforcement if involved in criminal activities.
When immigration officials arrest someone in public places, the arrest operation can happen swiftly. They may loudly call your name, confirm your identity, and then proceed with the arrest.
At this point, it is important to remain calm and follow these principles to effectively protect your rights:
1. Ask if you can leave: If ICE does not have a warrant for your arrest, you can ask, “Can I leave?” If granted, calmly exit.
2. Exercise the right to remain silent: You have the right to remain silent and do not have to answer questions about your immigration status. You can politely state, “I choose to exercise my right to remain silent.”
3. Refuse warrantless searches: Unless ICE has a search warrant signed by a judge, you have the right to refuse to let them search your personal belongings or residence. You can say, “I do not consent to this search.”
4. Avoid providing false information or forged documents: Providing incorrect identity information may lead to additional charges, affecting the outcome of the case.
5. Avoid showing foreign identity documents: If asked for identification, it is recommended to use state-issued documents, such as driver’s licenses obtained by some states allowing undocumented immigrants. Avoid showing any foreign birth documents like passports or visas.
6. Request a lawyer: Before being taken away, request to contact a lawyer. If detained, do not sign any documents until you receive legal advice from a lawyer.
7. Document the encounter: If circumstances allow, take note of ICE officials’ badge numbers, names, and vehicle information for future reference.
8. Stay calm and do not flee or resist arrest: Avoid any actions that may escalate the situation.
9. Develop a family safety plan: If there is a risk of being detained, have a plan in place for the care of children or family members, including designating a guardian and carrying contact information for a lawyer when going out.
Cuccia informed this newspaper that he understands such situations may occur, but he candidly stated that this would be an absurd use of ICE’s enforcement powers.
He believes that this approach could create a chilling effect, causing people to fear going to court. “We want people to go to court, not avoid the judicial process out of fear,” he said. It is the right of the people to go to court and seek justice.
Cuccia explained that a final deportation order refers to when a person’s appeal period or motion submission period has passed, all legal procedures have ended, and there are no further appeals or motions to be made, resulting in a final deportation order.
“Before that, the person still has the right to defend themselves and fight to stay in the United States, which is a cornerstone of American law,” he said. “Unless the person has gone through the legal process and received a final deportation order, they cannot be deported.”