Understanding Your Rights During an Immigration (ICE) Raid in New York
Understanding Your Rights During an Immigration (ICE) Raid in New York
Immigration and Customs Enforcement (ICE) raids can be intimidating and overwhelming, especially for individuals and families who are unsure of their legal rights. Knowing how to respond in these situations can make a critical difference in protecting yourself and your loved ones.
What Happens During an ICE Raid
ICE agents may conduct raids in homes, workplaces, or public areas in search of individuals they believe are violating immigration laws. These encounters can happen suddenly, often catching people off guard. It’s important to remember that everyone — regardless of immigration status — has constitutional rights in the United States.
Your Rights During an ICE Raid
- Right to Remain Silent – You are not required to answer questions about your immigration status, birthplace, or how you entered the country. Politely state that you are choosing to remain silent.
- Right to Refuse a Search Without a Warrant – ICE agents cannot enter your home without a valid warrant signed by a judge. Ask to see the warrant and check that it includes your name, address, and a judge’s signature. If it’s only an “ICE warrant” (Form I-200 or I-205), you do not have to let them in.
- Right to an Attorney – You have the right to speak with a lawyer before signing any documents or answering questions. Do not sign anything without consulting legal counsel.
- Right to Stay Calm and Not Resist – Even if you believe ICE agents are violating your rights, stay calm and do not resist physically. This can protect you from additional charges or harm.
- Right to Document the Encounter – If possible, take note of badge numbers, names, and details of the encounter. Witnesses can record interactions as long as they do not interfere with ICE operations.
What to Do If a Family Member Is Detained
If a loved one is taken by ICE, try to locate them using the ICE Detainee Locator Tool online. Contact an immigration attorney immediately to help with bond hearings, deportation defense, or asylum claims.
Protecting Your Future
At the Law Offices of Joseph Urso, located in New York, we assist immigrants in understanding their rights and navigating complex immigration laws. Whether you’re facing deportation proceedings or simply want to prepare a safety plan, legal guidance can make all the difference.
