ICE has been detaining people in Kentucky. What can you do if agents come to your door?
U.S. Immigration and Customs Enforcement (ICE) officers are active in Kentucky, and there’s at least some reason to believe they could continue or expand immigration enforcement operations here.
In March, ICE officers detained at least 81 people in Kentucky accused of being in the country without authorization. The arrests took place between March 10-14 and resulted in 25 people being charged with crimes, such as illegal possession of a firearm or controlled substance.
The crackdown comes as part of President Donald Trump’s campaign promise to increase immigration enforcement throughout the country.
The U.S. Department of Homeland Security, the federal agency that oversees ICE, is reportedly negotiating an agreement with the Internal Revenue Service. The deal would allow ICE agents to use taxpayer data, such as home addresses and employer information, to track undocumented migrants.
Regardless of their status, immigrants in the U.S. have certain rights and legal protections. ICE officers are obligated to follow the law as they carry out their enforcement duties.
“Now more than ever, it’s crucial not just for our immigrant community to be aware of their rights but for everyone, regardless of status,” Mizari Suárez, the executive director of Lexington’s Neighbors Immigration Clinic, told the Herald-Leader in an emailed statement. “[Knowing your rights] is nothing new; it is part of our civic education and duty as individuals to uphold our democracy and rights. Irrespective of this administration or the next one, we all should be eager to protect our rights and the rights of our immigrant neighbors.”
Knowing your rights does not necessarily guarantee immigration enforcement officers will respect them, but it can help you protect yourself and ensure your attorney can make the best possible case for you in court.
Here’s what immigrants and their families should generally know if they encounter ICE in Kentucky, with all information and resources provided by Neighbors Immigration Clinic. The clinic, based in Lexington, offers legal, educational and advocacy services for immigrants and the community.
For more specific issues, the clinic advises you to speak with an immigration attorney who can help you better understand your rights, explore options and prepare for the future.
Is it ICE or is it Border Patrol?
It’s helpful to understand the difference between the two. False rumors of ICE activity can circulate via social media, spreading fear and misinformation among immigrant communities.
U.S. Border Patrol is tasked with enforcing immigration laws at and between ports of entry. They are particularly active within 100 miles of the country’s southern or northern borders. Their agents are more visible, driving about in white SUVs and trucks marked with the words “Border Patrol.”
ICE is active within the interior of the U.S. You will most likely encounter them at home, work or in public spaces. ICE often keeps a lower profile than Border Patrol, using unmarked cars and plain clothes officers.
If you spot ICE, advocates recommend taking pictures of their car or agents if it’s safe to do so. The First Amendment to the Constitution protects the right to take photographs and video of things plainly visible in public spaces. That includes police carrying out their duties, as explained by the American Civil Liberties Union.
If you see ICE activity, make a note of where and call United We Dream’s hotline at 1-844-363-1423 to make a report, Neighbors Clinic suggests.
What if ICE shows up at your door?
You are not required to let ICE agents into your home or talk to them simply because they knock on your door. However, there are a few instances when they are allowed to access your home.
This includes having a valid warrant or your permission to enter.
A valid search warrant must:
Be signed by a judge, a justice of the peace or a magistrate
Include the address of the home to be searched
Describe the area that will be searched
A valid arrest warrant must:
Be signed by a judge, justice of the peace or a magistrate
State the name of the person under arrest
Describe the person under arrest
A warrant of deportation or removal does not mean agents have the right to enter your home.
If you are at home and ICE is at the door, do not open it, Neighbors Immigration Clinic advises. In many cases, ICE agents may claim they have a warrant signed by a judge when they do not. They may also claim to be police officers investigating a crime to obtain access to your home, as described by the ACLU of Southern California.
Instead of opening the door, Neighbors recommends asking to see a warrant. Ask for the warrant to be slid under the door, through the mail slot or posted on a nearby window.
Make sure officers know you do not consent to searches of your home or property. Neighbors recommends communicating this clearly to officers, in English, by stating “I do not consent to searches.” You also have the right to remain silent in response to officers’ questions.
In some cases, ICE agents may force themselves into your home, even if you have not granted them permission. In this situation, it’s very important you remain calm and do not run, according educational materials provided by Neighbors Immigration Clinic.
Do not sign any documents you are presented with, and if it is safe for you to do so, try to record.
If officers do enter your home, advocates at Neighbors Immigration Clinic advise that you should:
Inform them if there are children, elderly or sick people in the house.
Tell them you do not consent to searches and let them know they are not welcome in your home. Otherwise, you should remain silent in response to their questions. Anything you say could be used against you.
Pay attention to where officers search and write down what happens as soon as they have left.
Call your attorney immediately.
If you are taken into custody by immigration enforcement officers, Neighbors advises you:
Assert your right to remain silent.
Know you have a right to a phone call, but it may not be provided to you right away.
You also have a right to an attorney, but one will not be provided for you.
Refuse to sign any documentation you are presented with while in custody. Consult an attorney first.
Do not speak about your legal status with anyone but your attorney.
Information migrants should memorize
In the event you or a family member are detained over their immigration status, Neighbors Immigration Clinic recommends either knowing or memorizing several pieces of information, including:
Phone number of your immigration attorney
Phone numbers of family members
Phone numbers of your origin country’s consulate or embassy in the U.S.
Your alien registry number, also known as your A-number. This number is found on permanent resident cards (green card) and employment authorization cards. It is marked as “A#” or “USCIS#”
The date you entered the U.S.
Your status when you entered
Your current status
Criminal history, if applicable
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