Know Your Rights
Regardless of immigration status, you have rights under the U.S. Constitution and other laws. As members of our college community, it is imperative you understand your rights, especially in the context of immigration law enforcement. Below is a compiled list of rights you have, resources you can access, and general guidelines for interacting with Immigration and Customs Enforcement Agency (ICE).
This webpage will be in English, but you can click here to access The Immigrant Defense Project’s Know Your Rights webpage in multiple languages.
Red cards can help assert such rights when interacting with ICE - especially in one’s home.
Click here for access to “Red Cards” in multiple languages.
CREDIT: The Immigrant Defense Project
Immigration and Customs Enforcement (ICE) is a federal agency under the U.S Department of Homeland Security (DHS). Its primary responsibilities include enforcing immigration laws, and investigating cross-border criminal activities.
Key functions:
Enforcing Immigration Laws:
- Conduct arrests, detentions, and deportations
- Operates detention facilities for individuals awaiting deportation or resolution of their immigration cases
Investigating Cross-Border Crimes:
- Focuses on crimes such as human trafficking, drug smuggling, and counterfeit goods.
- Partners with other federal and international agencies to address global criminal activities.
- ICE is often associated with its immigration enforcement role, including raids and detentions, which can impact communities and families. Knowing your rights when interacting with ICE is crucial.
- If ICE are at your door
- Do not open your door - not even slightly
- Without opening the door ask for a warrant to be slipped underneath the door
- If they do have a judicial warrant - you nor anyone in the house still DO NOT have to speak
- Clearly state: “I am exercising my right to remain silent.”
- If ICE are inside your home
- If they enter your home without your permission you can tell them, “I do not consent to you being in my home. Please leave.” Saying this may not stop them but may be beneficial for a future case
- If ICE starts searching your belongings or rooms you can tell them, “I do not consent to your search.”
- You can also clearly state: “I am exercising my right to remain silent.”
- It is legal to document ICE making arrests - film openly not secretly as it is not legal in some states
Additional Information can be found here on the Immigrant Defense Project
- ICE can enter any public space at your workplace without need any warrant
- Public spaces can include:
- Office lobby
- Supermarket
- Retail store
The dining area of a restaurant
- ICE cannot legally enter the private spaces of a workplace unless they have a judicial warrant or the permission of the employer
- Private spaces can include:
Employee only areas such as break room or storage room
- Employers can ask ICE to show their identification and/or warrant
- If you are approached you DO NOT have to answer their questions
- DO NOT run away as ICE will suspect you and attempt to arrest you
Employer guide for when ICE shows up can be found here
- Protected if you are detained:
- Power of Attorney - Designate a trusted individual to make decisions for your children, finances, and other critical matters
- Emergency Contacts - Share contact details of attorneys, advocates, and family members with your loved ones
- Secure Important Documents - Keep copies of passports, immigration paperwork, and medical records in a safe place accessible to your family
- Child Care Plans - Make arrangements for your children, including school authorizations and medical care
- Tools and Resources:
- Notifica App - Instantly notify your emergency contacts if detained by immigration authorities here
- Family Preparedness Plan Guide - Download and complete a Family Preparedness Plan
- Know Your Rights - Access guides about your rights here
What to do if detained:
- Locate Your Loved Ones - Use ICE’s Detention Facility Locator to find loved ones
- Seek Legal Help - Here are some organizations that can assist you Brooklyn Defenders, and Immigrant Defense Project
The New York State New American Hotline:
This hotline is available to anyone impacted by ICE raids. You can call Monday through Friday 9am to 8pm. These calls are confidential and anonymous and will remain as such. This hotline has no affiliation with US Citizen and immigration service. No legal advice is offered.
New York State Only - 1-800-566-7636
Outside of New York State - 1-212-419-3737
Additional resources about:
ICE raids can be found here
ICE FAQ Detainer can be found here