As Immigration and Customs Enforcement (ICE) activity increases in our area, knowing your legal protections is critical — whether you’re at home, at work, or out in public spaces.
Regardless of immigration status, everyone has guaranteed rights under the U.S. Constitution, as advocacy groups such as the ACLU have stated. Sahan Journal compiled the latest guidance based on frequently asked questions we’ve received:
What are your rights if you are approached by ICE?
If you are approached by ICE, you have the right to remain silent and the right to refuse searches of your person or home absent a compelling warrant.
The right to remain silent applies whether you are approached by ICE at your home, your workplace, during a traffic stop, or as part of a broader immigration raid.
If ICE agents approach you at home, they typically have administrative warrants. That’s different from a search warrant, which is signed by a local judge to grant officers permission to search your home to collect evidence in a criminal investigation. Here’s more on the differences between the warrants.
Legal advocates say you should not open the door to let ICE agents in. If you have children, they urge you to teach them not to answer the door for ICE.
If an officer claims to have a warrant, ask him or her to slide it under the door so you can confirm its legitimacy, advises Kellie Rock, a community organizer with the Minnesota Immigrant Rights Action Committee (MIRAC).
If you are caught in an ICE raid, do your best to remain calm, avoid attracting attention and walk away from the site of the raid — preferably into a business or another indoor space, Rock says.
Because immigration violations are not criminal offenses but civil offenses, those detained by ICE technically do not have a right to an attorney the way someone arrested by local law enforcement does.
Nevertheless, immigration attorneys and advocates advise anyone detained by immigration enforcement not to speak about their immigration status or history without consulting an attorney first.
“The phrase we tell people to say is, ‘I don’t want to speak until I can talk to my lawyer,’” Rock says. “Once they are detained, they will get a phone call, usually.”
What if immigration agents come to my home?
The city of St. Paul recently provided this guidance:
- ICE cannot enter your home without a warrant signed by a judge. The warrant must include your correct name and address.
- You do not have to open the door. You can ask agents to show the warrant through a window or under the door.
- An ICE “administrative warrant” is not enough. Only a judge-signed warrant allows entry into your home.
- If there is no valid judge-signed warrant, you have the right to keep your door closed.
Can ICE enter schools, and what can school officials do?
ICE may enter public areas of the school, but they still need authorization from school officials or a judicial warrant to enter private spaces. In the school context, ICE can enter spaces where community members may go such as parking lots and lobbies. All other areas, where a reasonable expectation of privacy is expected, such as classrooms, private offices and restrooms, ICE cannot enter unless they are given permission or unless they have a valid judicial warrant.
If a member of law enforcement, including an ICE agent, requests access to a student, staff should refer the agent to a designated district employee to ensure proper protocol is followed. The School Superintendents Association has provided this example, and parents can ask their school what protocols they have in place. The school or district should also immediately notify the student’s parent or guardian, unless prevented from doing so by the terms of a judicial warrant or subpoena. The district’s legal counsel should be consulted on an appropriate response before proceeding.
Staff members should not attempt to physically prevent an ICE agent or other law enforcement officer from entering the building, even if the agent does not appear to be authorized to enter. The staff member should immediately notify a designated district employee and document the agent’s actions while on campus. Audio or video recording by staff members of any interaction is allowed.
What do I need to know as a business or private property owner?
Immigration agents may come to a workplace for a Form I-9 audit, a raid or to detain specific people. The National Immigration Law Center offers the follow tips for public spaces in businesses:
- Anyone — including ICE agents — can enter public areas of your business without permission.
- Public areas include a dining area in a restaurant, parking lot, lobby or waiting area.
- Being in a public area does not give ICE the authority to stop, question or arrest just anyone.
- No one can enter a private area of your business without your permission or a judicial warrant.
The Law Center advises business owners to show that some areas are private by marking them with a “Private” sign, keeping the doors closed or locked, and having a policy that visitors and the public cannot enter those areas without permission.
ICE agents may try to stop, question or even arrest a worker without the proper authority. The Law Center said the best way for all workers to protect their rights is to stay silent and ask for an attorney. They do not have to hand over any IDs or papers to ICE. Any information that workers give to ICE can be used against them later.
Where can ICE stage enforcement activities?
In December, Minneapolis Mayor Jacob Frey signed an executive order prohibiting staging for civil immigration enforcement activities on any city-owned parking lots, ramps, garages or vacant lots. Private property owners and leaseholders can also post a notice stating they do not authorize their property to be used for certain immigration enforcement activities, such as staging for an operation.
Similarly, the city of Saint Paul issued a formal cease-and-desist letter to the U.S. Department of Homeland Security (DHS) to prevent further unauthorized use of city-owned parking lots, specifically those at recreation centers and parks, for federal immigration enforcement operations.
The city of Minneapolis created printable signs for business owners, but advises that those using them do so at their own discretion and assume any associated legal risks. The city cannot guarantee that these signs are legally enforceable in every situation. They advise not to physically fight with ICE agents regarding access to the property. They should document their actions and follow up with a legal services provider. More guidance can be found here.
How should people prepare for potential ICE raids?
First, know who to call. Identify an attorney who can represent you and memorize the phone number, so you’re ready in case of an arrest, said Ben Gleekel, staff attorney on the community defense team at the Immigrant Law Center of Minnesota.
“If you’re detained, and you’re an immigrant, and you know that the government will not provide you with an attorney, you’re going to want to be ready to call an attorney right away,” Gleekel said.
Given the volume of calls many immigration lawyers and groups are fielding right now, consider proactively making an appointment with an attorney or legal aid group, MIRAC’s Rock said.
Memorize key phone numbers and make a safety plan with your family in case you are detained, especially if you have children or care for older relatives, she says.
“That would be denoting a trusted person who does have some immigration status to be able to step in and pick up their kids from school and take them to doctor’s appointments while they figure out what they’re going to do long-term,” Rock said.
Make sure your immigration documents are up to date and carry them with you at all times, advocates advise.
“We’re telling people to carry some form of immigration documents that are valid that you may have, just in case you have a receipt that would allow you to show Immigration before they put you into a process where you are rapidly detained,” Gleekel said.
Those documents could include proof of permanent resident status, like a passport or work permit, or proof of a pending application with the federal government, like an application for asylum or temporary protected status.
If you are able, Gleekel said, it may be wise to set aside some money for an immigration bond. The bonds ensure those arrested come to their court hearings and ICE check-ins and can range from $1,500 to $15,000 or much higher.
No matter what your immigration status is, avoid giving false information to law enforcement, advocates say.
Finally, if you are detained by ICE, your family members and friends may be able to find you using ICE’s detainee locator database.
Should I create a safety plan?
If you believe you may be at risk for an ICE detainment, it may be helpful to create a safety plan. It should include:
- Identifying your emergency contacts and memorizing their phone numbers.
- Providing your child’s school or day care with an emergency contact to pick up your child.
- Keeping your important papers, like birth certificates, medical records and children’s medical records, in a safe place and telling someone where you put those papers. It may be helpful to keep a copy/photo of your birth certificate or proof of citizenship with you.
- Written authorization for an emergency contact to make medical and legal decisions for your child.
- Information about ICE’s online detainee locator: https://locator.ice.gov/odls/#/search
Here’s an example of a safety plan based on materials written by the Immigrant Defense Project.
What do legal observers do? What else should I keep in mind?
Legal observers support protesters’ exercise of their free speech rights by recording interactions between police and protesters. They act as independent witnesses to deter misconduct and create evidence for potential legal cases. Recently, legal observers can also be seen documenting ICE interactions. Unlawful conduct can be reported to the ACLU of Minnesota.
Tips from the ACLU of Nebraska for legal observers include:
- Wear a bright safety vest, button or hat that clearly designates you as a legal observer.
- Separate yourself from the protest or interaction, but stand close enough that you can hear and observe what is happening.
- Document everything the police and protesters do as thoroughly as possible. The ACLU recommends using your phone. Social media livestreaming preserves your video if something happens to your phone during the protest. Video recording of ICE is allowed while not obstructing them.
- Don’t chant, carry signs or otherwise participate in the activities. Maintain the presence of a neutral observer and therefore a more credible witness if a case arises from the protest.
For safety, the city of Minneapolis has advised residents not to engage or throw objects at federal agents. Video may be recorded, as long as it doesn’t interfere in any way with federal agents. Physically impeding or obstructing any ICE operation can lead to arrest or being charged with obstructing federal law enforcement.
Where can I get more help?
Several Minnesota organizations are offering legal and other help to immigrants who may be targeted for removal by ICE.
The Volunteer Lawyers Network and Mid-Minnesota Legal Aid, and Southern Minnesota Regional Legal Services all offer legal assistance to lower-income Minnesotans, while the Immigrant Law Center of Minnesota is specifically focused on immigration law.
The Minneapolis-based Advocates for Human Rights, meanwhile, helps people who are applying or have applied for asylum. MIRAC also offers a range of services to migrants and offers “Know Your Rights” training to the community at large.
