What You Should Know about Your Rights and U.S. Immigration and Customs Enforcement
Part of the Department of Homeland Security, U.S. Immigration and Customs Enforcement – or ICE, as it is usually called – is the department that “enforces federal laws governing border control, customs, trade and immigration to promote homeland security and public safety.” They are in charge of Homeland Security investigations, and they are the ones who handle removal proceedings.
Because of what they do, many immigrants are frightened of ICE officers – but you do have rights that ICE must acknowledge, and it is important that you know what they are.
- They cannot enter your home without a warrant. If an officer from ICE does not have a search warrant or an arrest warrant for you or your home, they cannot come in. If you let officers come in without a warrant, however, it can be seen as an agreement for them to look through your home. If an officer knocks on your door, ask to see the warrant. If none is produced, be polite – and keep the door shut.
- They cannot force you to incriminate yourself. If you are arrested by ICE, you do not have to answer their questions. You can ask an immigration lawyer to represent you.
- They cannot force you to sign any paperwork. This is very important: if you are presented with paperwork of any kind, do not sign it. Contact an immigration attorney first who can advise you as to what the papers say, what they mean, and whether or not you could be removed if you do.
- They (usually) cannot keep you in custody longer than 48 hours. If you are taken into custody, barring any extraordinary circumstances, ICE must determine whether you will continue to be held in custody or granted bail within 48 hours. If they decide to hold you, they must issue a Notice to Appear within 72 hours of your arrest. If they do not, they could be violating your rights.
Having ICE officers come to your door or your work, or try to stop you on the street, can be frightening. You should contact a Nashville immigration lawyer if you believe that you may be facing removal charges. Please contact the Law Office of Perry A. Craft, PLLC to speak to an attorney about your rights.
Perry A. Craft has dedicated his life to helping people in need. He has tried, settled, or resolved numerous civil and criminal cases in State and Federal courts, and has represented teachers and administrators before school boards, administrative judges, and the state Board of Education. Learn more about Attorney Craft.