Dealing With ICE

• Dealing With ICE

Dealing With ICE

What You Need to Know About ICE Encounters

With the second Trump Administration, U.S. Immigration and Customs Enforcement (ICE) may attempt to detain and deport many non-citizens. The following is guidance if you are stopped or arrested by ICE.

What are my rights during an ICE stop/arrest?

• YOU HAVE THE RIGHT TO REMAIN SILENT. Anything you say may be used against you.
• You do NOT have to answer any questions, even from a federal immigration official.
• You do NOT have to sign anything, even from a federal immigration official.
• You do NOT have to give permission for someone to enter your home, unless they have a judicial warrant. A judicial warrant is a warrant signed by a judge, not an immigration officer.
• If you are stopped outside of your home, you can ask if you are free to leave. If they say yes, you can leave calmly.
• You always have the right to remain silent about your country of birth, your immigration status, and how you entered the U.S. This is true if you are asked by ANY law enforcement officials, no matter who.

Remember that local police in New York City and New York State can and already do share information with federal immigration officials. You have the right to remain silent about your country of birth, your immigration status, and how you entered the U.S. if you are asked by ANY law enforcement officials.

If you are arrested and miss a criminal court date, a warrant for your arrest could be issued and this could hurt your immigration options. If you missed your criminal court date, call your attorney as soon as possible. A warrant could hurt your immigration case.

How can I prepare before an ICE encounter?

• Whether or not you are a non-citizen, you have the right to disable any Face ID feature on your cell phone. You have the right not to open or access your cell phone while speaking with ICE. Any information ICE gets from your cell phone may be used against you.
• You have the right not to provide access to the contents of your cell phone (such as by giving out the password or opening up your phone for inspection) to any government official.
• Saving documents on your cell phone could result in government officials obtaining copies of them. Keep copies of your important documents in a safe location, such as a password-protected email or other secure electronic storage drive.
• Memorize the phone number of your immigration attorney/advocate and/or trusted individual instead of only relying on having their phone number saved within your cellphone’s contacts. You may also want to keep a copy of the phone number for your attorney/advocate or trusted individual in your wallet.
• Do not carry any fraudulent documents.

What documents should I carry with me?

An encounter with ICE will likely be stressful and frightening. You may want to know what documents you should carry with you if you choose to show them to the ICE officer during an encounter. These are general recommendations, and are not intended to replace consulting with a qualified immigration expert.

Depending on your immigration situation, you should keep certain important documents with you.

For a U.S. citizen (naturalized, derived, or acquired at birth):

You are not required to carry identification.

But if you are incorrectly profiled as a non-citizen, you may be detained and fingerprinted while ICE or the police try to determine your identity.

For a Lawful Permanent Resident (“green card holder”):

You should carry your Lawful Permanent Resident card (green card).

You should also keep a paper copy of your card (both front and back) in a safe place, and also keep a photo or other electronic copy (both front and back) saved in a safe location.

If you do not have permanent immigration status but have a valid Employment Authorization Document (“work permit”):

You should carry your work permit card.

You should also keep a paper copy of your card (both front and back) in a safe place, and also keep a photo or other electronic copy (both front and back) saved in a safe location.

If you do not have a permanent immigration status, but have filed an immigration application with U.S. Citizenship and Immigration Services (USCIS):

• If you have an approval notice for that application (and not a work permit card), you should carry that approval notice.
• If you have a notice saying you have received a Bona Fide Determination or Deferred Action in connection with a pending application, you should carry that notice.
• If you have a receipt notice from U.S. Citizenship and Immigration Services for a pending application, you should carry that notice.

You should also keep a paper copy of your receipt notice and any other immigration related documents in a safe place, and also keep photos or other electronic copies saved in a safe location.

If you do not have permanent immigration status but have an upcoming Immigration Court hearing:

You should carry your Immigration Court hearing notice.

You should also keep a paper copy of your hearing notice and any other immigration related documents in a safe place, and also keep photos or other electronic copies saved in a safe location.

If you do not have permanent immigration status and no other option above applies to you, but have been in the U.S. for two years or longer:

You should carry proof of your physical presence in this country for the last 2 years.*

This may include copies of:

• IDNYC and/or other identification documents issued by NYC, school, or NY state
• Leases, rent statements, rent receipts
• Utility bills
• Medical records
• School records
• Mail addressed to you
• Anything else with your name, address, and date.

Remember that you will need to update documents monthly to show the most recent two years of presence in the U.S. at all times.

*The reason 2 years is significant is because of an expanded policy called Expedited Removal. It may let ICE detain and deport you without the chance to defend yourself before an Immigration Court judge if ICE thinks you have been here for less than 2 years. If ICE detains you for this reason and you are afraid to return to your country of origin, you should tell the officer immediately that you are afraid of returning and request a Credible Fear Interview.

If you have been in the U.S. for less than two years or do not have permanent immigration status, and no other option above applies to you:

You do not need to carry any particular documents, including any documents showing your physical presence in the U.S.

We do not recommend carrying documents that identify your nationality or country of origin.

Remember that you have the right to remain silent, and that you do not have to answer any questions asked by any immigration officials or other law enforcement officers.

But if ICE detains you and you are afraid to return to your country of origin, you should tell the officer immediately that you are afraid of returning and request a Credible Fear Interview.