Know your rights: What to do if ICE comes to your home

IDAHO FALLS, Idaho (KIFI)– As immigration enforcement continues to raise questions and concerns for families across Idaho, the ACLU of Idaho is reminding immigrants of their rights if ICE or other law enforcement officers come to their home.

"Immigrants have most of the same rights that US citizens do. So they have freedom of speech. They have the freedom to be free of unlawful search and seizures. They have constitutional rights because they are living inside the United States," Immigration Attorney Tim Jones said.

Here are your rights as an immigrant in the case of ICE coming to your home, according to the ACLU of Idaho:

• If the police or immigration agents come to your home, you do not have to let them in unless they have certain kinds of warrants.
• Ask the officer to slip the warrant under the door or hold it up to the window so you can inspect it. A search warrant allows police to enter the address listed on the warrant, but officers can only search the areas and for the items listed. An arrest warrant allows police to enter the home of the person listed on the warrant if they believe the person is inside. A warrant of removal/deportation (ICE warrant) does not allow officers to enter a home without consent.
• Even if officers have a warrant, you have the right to remain silent under the Fifth Amendment. If you choose to speak to the officers, step outside and close the door.

ICE is also not permitted to enter your home unless they have a legal warrant signed by a judge that states that they have the right to enter your home.

"You will want to make sure and actually look at that warrant and see that warrant for yourself," Jones said, "They will often say that they have a warrant when they don't, or they will show you a warrant that's not actually signed by a judge. And you will want to make sure that it is actually a judicial warrant signed by a judge that gives them that permission."

In the case that you are questioned by a police officer regarding your legal status, it's important that you answer truthfully.

"It's important that you not lie to them, that you not falsely tell them that you are a U.S. citizen if you're not. But you do not need to tell them what your legal status is," Jones said.

ICE is permitted to access non-public areas only if they present a valid judicial warrant, and that warrant should be reviewed by legal counsel before any access is allowed.

Here are some reminders in case you are taken into ICE custody,

• You have the right to a lawyer, but the government does not have to provide one for you. If you do not have a lawyer, ask for a list of free or low-cost legal services.
• You have the right to contact your consulate or have an officer inform the consulate of your arrest.
• Tell the ICE agent you wish to remain silent. Do not discuss your immigration status with anyone but your lawyer.
• Do not sign anything, such as a voluntary departure or stipulated removal, without talking to a lawyer. If you sign, you may be giving up your opportunity to try to stay in the U.S.
• Remember your immigration number ("A" number) and give it to your family. It will help family members locate you.
• Keep a copy of your immigration documents with someone you trust.

What to do when ICE comes to your work:

According to CNN, ICE has gone to many workplaces over the past year. Here's what to do in the case that ICE comes to your workplace.

• Designate an immigration point person, someone to interact with ICE and request warrants.
• Handling warrants: ICE can access public areas (lobbies, parking lots) without a warrant.
• Put up signs marking non-public areas, post clear signs: “Staff only,” “Private,” or “No public access.”
• If an agent gains entry to a private area without authorization, state, "I do not consent to your search or to you entering this private area.”
• Document ICE activity, record what ICE takes (pictures or videos with permission).
• Make essential information for staff easy to access.