Know Your Rights: If ICE Visits Your Home

Know Your Rights: Undocumented Immigrants in the United States

All people living in the United States, including undocumented immigrants, have certain rights under the U.S. Constitution. If immigration (ICE) agents knock on your door, remember that you have the following rights:

Your Rights at the Door

• You do not have to open the door: You are not required to open the door or let officers into your home unless they have a valid search warrant signed by a judge.
• An ICE deportation warrant is not the same as a search warrant: If the officers only have a deportation warrant, they cannot legally enter your home unless you verbally agree to let them in.
• If officers claim to have a search warrant: Ask them to slide it under the door or hold it up to a window for you to see. Ensure it has your correct name, address, and a judge’s signature. If it does not, you are not obligated to let them in.
• You do not need to open the door to speak with officers: You can communicate through the door or step outside and close the door behind you.

Your Right to Remain Silent

• You are not required to answer any questions or provide information about your place of birth or how you entered the United States.
• If you choose to remain silent, say, “I choose to remain silent.”
• You may show a know-your-rights card to the officer that states your intention to remain silent and request a lawyer. These cards are available in English and Spanish.

Your Right to Legal Representation

• You have the right to speak to a lawyer if you are detained or taken into custody.
• If you have a signed Form G-28 (Notice of Entry of Appearance as Attorney or Accredited Representative), provide it to the officer.
• If you do not have a lawyer, request a list of pro bono lawyers from the immigration officer.
• Contact your consulate for assistance in finding a lawyer.

Your Right to Refuse to Sign Documents

• You have the right to refuse to sign any paperwork until you have spoken to a lawyer.
• If you choose to sign something, make sure you fully understand what the document says and means before signing.

Additional Rights

• If detained, you may request a free phone call to family or friends if you do not have sufficient funds in your account after 10 days.
• Ask for a copy of the Detainee Handbook to understand the rules of the detention center.

For further assistance, please contact The Law Offices of Michael H. Markovitch at (646) 558-3138 or Information@mmlawnyc.com.