ICE Approaches: Key Resources for Individuals and Nonprofits

Understanding your rights when approached by Immigration and Customs Enforcement (ICE) is crucial. This applies to individuals, including minors and employees, as well as nonprofit organizations serving vulnerable communities. Here’s an overview of what to do if ICE approaches you or enters your workplace.

Know Your Rights When Approached by ICE

If You Are Approached at Home

Do not open your door unless ICE presents a valid judicial warrant. A valid warrant must:

• Name a specific individual and/or outline the areas to be searched.
• Be signed by a judge (not an immigration judge).

Most ICE warrants are administrative, which do not grant entry. If approached, ask ICE to slide the warrant under the door for review. If they enter your home without a valid warrant, do not resist physically, but clearly state your lack of consent.

If You Are Approached at Work

ICE can enter public areas of your workplace without a warrant. These areas include:

• Office lobbies
• Retail stores
• Restaurants

They cannot enter restricted employee areas without permission from your employer or a judicial warrant. If approached, remain calm and ask if you are free to leave. If not, inquire if you are being detained and remember that you have the right to remain silent.

If You Are Approached in Public

Like in workplaces, ICE can access public spaces without a warrant. If confronted, maintain your composure. Ask if you are free to leave. If detained, you must show identification, which can include non-expired state-issued IDs or Tribal IDs.

Rights of Minors

Minors possess the same rights as adults, including the right to remain silent. They are not required to carry ID unless necessary. It is advisable for minors to have vital documents secured and shared only with trusted guardians.

If Detained by ICE

If you find yourself detained, stay calm and assert your right to remain silent. Clearly state, “I wish to remain silent and ask for a lawyer.” Inform ICE about any medical needs or childcare arrangements.

Preparing for a Potential ICE Encounter

If you feel at risk of being approached by ICE, create a personal safety plan. This plan should include:

• Emergency contacts and their phone numbers.
• Authorization for emergency contacts to make decisions regarding your children.
• Keeping important documents in a known safe location.

After an Encounter

Once released, document the encounter. Record details such as agent names, badge numbers, and comments made. Discuss the situation with an attorney. If you are a Native American who believes your rights have been violated by ICE, contact the Native American Rights Fund.

Protecting Rights in Nonprofits

For nonprofits serving Native clients, it is essential to establish procedures to protect clients from ICE encounters. Understand that while ICE can enter public areas, they require a judicial warrant for private spaces. Policies can be developed to empower employees to deny access to ICE without proper documentation.

By knowing your rights and preparing appropriately, individuals and organizations can better navigate potential encounters with ICE while ensuring the protection of their legal rights.