Representative Image. / Canva

Amanda Alvarado-Ford, Deputy Directing Attorney, Immigration Institute of the Bay Area has a presentation that she makes to the undocumented community who lives in fear of the knock on their door from the ICE immigration officer. Her “Know Your Rights" presentation educates undocumented people in the US, on the constitutional protections they are entitled to. With expedited removal someone can be removed from the country in as short a time as a day. It is therefore key for the undocumented to know their rights.

Expedited removals 

The Department of Homeland Security has expanded its capacity to execute expedited removals. As a result, Customs and Border Protection has the right to rapidly deport non-citizens who are here undocumented or who have committed misrepresentation or fraud. 

Those who have been in the US for more than two years have the right to a hearing. Proof of documents that show that they have been here for two years is therefore really key.

“Having those documents in a safe place where not just you, but your loved ones know how to access them in order to present them to an immigration judge if needed, is very important,” she advises. 

If arrested by ICE

In case of arrest by ICE it is critical that proof of a pending process be readily and quickly available. She recommends they keep a picture of the document in the photos album on their phone. 

If they have a pending visa application or have any visa receipt or approval, have a copy of the receipt in your phone and show it to the official.

Persons with undocumented status are eligible for visas like the U visa (for victims of crime), or a T visa (for victims of trafficking), or asylum under The Violence Against Women Act (VAWA).  Victims of domestic abuse, either by a lawful permanent resident spouse or lawful permanent resident child over the age of 21 have the same right. They must have a copy of the receipt notice. 

When ICE shows up at the door

In the case of an ICE officer presenting themselves either at their workplace or at their home the protection to remain silent is available. “We never want to lie to an ICE official.  We want to maintain our right to be silent and we can assert that right in a respectful way.”

She also advises them that if they do encounter an ICE agent at their front door, they have the right to insist upon a judicial warrant ie. a warrant from the US District Court signed by a judge. Oftentimes ICE will present an ICE document signed by an immigration officer, but not by a US district court judge. It is not the same thing.  She advises them to request ICE agents to slide the warrant under the door or hold it up to the window. “You don’t have to open the door to ICE. “

“We have the right to see the warrant before we open the door. We don't want to open a door to ICE at home in the absence of a signed judicial warrant. And you want to scrutinize that carefully and not feel rushed as hard as it might be.”

An example of a valid judicial warrant signed by a U.S. District Court Judge and an invalid ICE-produced warrant signed by a deportation officer

 

Non Enforceable ICE warrant. / Immigration Institute of the Bay AreaEnforceable judicial warrant. / mmigration Institute of the Bay Area

Remember to breathe, she reminds.

She recommends a respectful tone in order to avoid any undue harshness on the part of an ICE agent.

“Then we want to tell the ICE officer, I would like you to leave the premises. Please leave.”

You have the right to speak to your immigration attorney.

When confronted by ICE officials one should not hesitate to say they must consult their attorney, whether they have an immigration attorney or not, because one can always obtain an immigration attorney or one's family can obtain one.”

If they fear deportation and violence in their home country, it is important to state this information to the ICE agents at the time of arrest. That entitles them to a right to speak to an immigration attorney, especially if they have been in the US for more than two years. Even if they don't have documents, they want to assert that right away so that they get a hearing before an immigration judge.

If ICE enters the workplace they can only come to the public spaces in of the workplace not the private portions. They are not entitled to enter back offices “I would encourage all of us in our workspaces in the US to put up clear signage about what is the public workplace and what is the private area where only employees can enter. We can deny entry to ICE for any private employees only area.”

Make sure that they do not execute any unlawful searches or seizures of people or property whether it be home or work.

In this political climate, understanding and exercising our rights is crucial.

“We emphasize this is not the time to panic. What we want to do is recognize that we have rights, that we have power. And so it is a message of power, not panic,” said Alvarado-Ford.