If ICE come to my place of work what are my rights and can i request a lawyer before I am detained

If Immigration and Customs Enforcement (ICE) agents come to your workplace, it’s crucial to understand your rights and how to respond. While the situation can be stressful, knowing your rights can help protect you and your coworkers.

Your Rights During an ICE Workplace Raid

Right to Remain Silent

You have the constitutional right to remain silent, regardless of your immigration status

This right is fundamental and applies in any interaction with law enforcement, including ICE agents. You are not required to answer questions about your immigration status, citizenship, or place of birth

If you wish to exercise this right, clearly state “I wish to remain silent” or “I want to speak to a lawyer.”

Right to Refuse Consent to Search

ICE agents do not have the right to search you or your belongings without your consent or probable cause

You can refuse to consent to a search. However, it’s important to note that if the agents have a valid warrant, they may still conduct a search.

Right to See a Warrant

If ICE agents claim to have a warrant, you have the right to see it

Ask them to slide it under the door or hold it up to a window. A valid warrant should be signed by a judge and specifically name a person or address to be searched.

Right to Contact a Lawyer

You have the right to speak with a lawyer before answering any questions or signing any documents

However, it’s important to understand that the government is not required to provide you with a lawyer in immigration proceedings

Requesting a Lawyer Before Detention

Timing of the Request

You can request to speak with a lawyer at any point during an encounter with ICE agents, even before being detained

It’s advisable to make this request as soon as possible. Simply state, “I want to speak to a lawyer” or “I will not answer any questions without a lawyer present.”

Impact of the Request

Requesting a lawyer does not guarantee that ICE will halt their operations or wait for a lawyer to arrive before proceeding with detention

However, making this request can help protect your rights by signaling that you do not consent to questioning without legal representation.

Access to Legal Representation

If you are detained by ICE, you have the right to hire a lawyer, but the government is not required to provide one for you

You can ask for a list of free or low-cost legal services providers

It’s important to note that having legal representation can significantly impact the outcome of immigration cases. Detained immigrants with legal counsel are 11 times more likely to pursue relief and twice as likely to obtain relief compared to those without counsel

Preparing for Potential ICE Encounters

Know Your Rights Cards

Carry a “Know Your Rights” card with you at all times. This card can state your wish to remain silent, your refusal to consent to a search, and your desire to speak with a lawyer. You can show this card to ICE agents if they approach you.

Emergency Contact Information

Memorize or carry with you the phone numbers of family members and a trusted immigration lawyer. If you are detained, you have the right to make a phone call

Document Everything

If possible, document the encounter with ICE agents. Note the agents’ names and badge numbers, and write down exactly what happened as soon as you can. This information can be crucial for your lawyer.

Stay Calm and Respectful

While asserting your rights, it’s important to remain calm and respectful. Do not physically resist or provide false information, as this can lead to additional legal problems.

Workplace-Specific Considerations

Employer’s Role

Your employer should not allow ICE agents into private areas of the workplace without a valid warrant. However, ICE can enter public areas of a workplace without permission.

Collective Response

If possible, coordinate with your coworkers. If one person speaks up about their rights, it can empower others to do the same. However, be aware that each person’s situation may be different, and what’s best for one may not be best for all.

Union Support

If you’re part of a labor union, contact your union representative immediately. Many unions have protocols in place to support members during immigration enforcement actions.

After an ICE Encounter

Seek Legal Help

If you or a coworker has been detained, seek legal help immediately. Contact a reputable immigration attorney or a non-profit organization specializing in immigration law.

Know Your “A” Number

If you are detained, make sure to memorize your “A” number (Alien Registration Number) and provide it to your family or lawyer. This number will help them locate you in the immigration system

Avoid Signing Documents

Do not sign any documents without first consulting with a lawyer. ICE may present documents that waive your rights or agree to your deportation

The Importance of Legal Representation

Having legal representation can significantly impact the outcome of immigration cases. According to studies, immigrants with attorneys are five times more likely to win their cases than those without

For detained immigrants, the impact is even more pronounced, with represented individuals being 11 times more likely to pursue relief

Despite the clear benefits of legal representation, the U.S. immigration system does not provide court-appointed counsel to immigrants facing deportation who cannot afford a lawyer

This leaves many individuals, including those with limited English proficiency and understanding of the complex immigration system, to argue their cases without legal help

Are there specific phrases I should use to assert my rights if ICE visits my workplace

If ICE agents visit your workplace, there are specific phrases you can use to assert your rights effectively. Here are some key phrases to remember:

Asserting Your Right to Remain Silent

“I am exercising my right to remain silent.”

This simple statement invokes your Fifth Amendment right against self-incrimination. You are not required to answer questions about your immigration status, citizenship, or place of birth.

Requesting to Speak with a Lawyer

“I want to speak to a lawyer.”

This phrase invokes your right to legal counsel. It’s important to request a lawyer as soon as possible in any interaction with ICE agents.

Refusing Consent to Search

“I do not consent to a search of my belongings.”

ICE agents need either a valid warrant or your consent to search your personal belongings. By clearly stating your refusal to consent, you protect your Fourth Amendment rights.

Asking About Detention Status

“Am I free to leave?”

This question can help clarify whether you are being detained or if you can leave the situation. If the agent says you are free to leave, you can calmly walk away.

Responding to Requests for Documents

“I do not wish to show you my documents.”

You are not required to show immigration documents or identification to ICE agents unless they have a valid warrant. However, be aware that refusing to show documents could lead to temporary detention while they verify your status.

Asserting Workplace Rights

For employees: “This is a private area. You cannot enter without my employer’s permission or a judicial warrant.”

For employers or managers: “I am the employer. You cannot go to other areas of the workplace without my permission.”

These statements assert the privacy rights of the workplace and can help prevent ICE agents from entering non-public areas without proper authorization.

General Response to Questioning

“I will not answer any questions or sign anything without speaking to a lawyer first.”

This comprehensive statement covers multiple bases, asserting your right to remain silent, your right to legal counsel, and your refusal to sign any documents without legal advice.Remember, it’s crucial to remain calm and respectful when using these phrases. Do not lie or provide false information, as this can lead to serious legal consequences. If you’re unsure about your rights or how to respond in a specific situation, it’s best to remain silent and seek legal counsel as soon as possible.

Knowing your rights and how to assert them is crucial if ICE agents come to your workplace. While you have the right to request a lawyer before being detained, it’s important to understand that this request may not prevent detention. However, asserting your rights and seeking legal representation as soon as possible can significantly impact the outcome of your case. Stay informed, be prepared, and remember that regardless of your immigration status, you have constitutional rights in the United States.