OPINION-US VISA | IMMIGRATION CORNER- What to do if ICE visits your workplace
In a previous article, I discussed what to do if the Immigration and Customs Enforcement (ICE) visits your home as part of Trump’s promise of “mass deportations.” In this article, I discuss what to do if ICE visits your workplace. What are your rights? What should you do? What shouldn’t you do?
Although Trump stated he would prioritize deporting terrorists, criminals and others who pose a threat to national security, anyone without secure immigration status may be subject to enforcement efforts. This includes people who are out of status or were previously ordered deported. In other words, everyone out of status could be at risk.
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However, even people who are out of status have certain rights, especially when ICE comes knocking at their door. The American Immigration Lawyers Association (AILA) published a flyer on immigrants’ rights if ICE visits your workplace. Here are some do’s and don’ts:
• Do not panic or run away. If you are afraid and feel like you want to leave, calmly walk out. If you are stopped, you can ask if you’re free to leave. If the officer says “no,” don’t try to run away.
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• You have the right to remain silent. If they question you, you can tell them you want to remain silent and/or want to speak with an attorney first. If they ask you where you were born or how you entered the US, you may refuse to answer. In other words, you may refuse to answer questions designed to get you to admit alienage, ie, you’re not a citizen and/or out of status.
• Do not show any false documents or lie to the ICE officers. Never claim to be a US citizen to try to get out of any ICE raid or encounter. False claims to US citizenship, especially to a government official, is one of the worst immigration violations imaginable, for which there is no waiver. This means even if you are married to a US citizen or have a 21-year-old US citizen child, you would be blacklisted for life for falsely claiming to be a US citizen.
• You have the right to speak to a lawyer. Even if you don’t presently have an attorney, you can tell the officers that you still want to speak with one. If you already have an attorney and have a signed Form G-28, give it to the officer so he or she can see that you already have an attorney.
• You can refuse to sign any and all paperwork until you have the opportunity to speak with a lawyer. In fact, you should not sign anything before having an attorney review it, because you might be signing confessions or other affidavits where you are admitting guilt or deportability without realizing it.
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• If you do sign something without speaking with an attorney, make sure you understand exactly what the document says and means and its effect on your case before signing it. Also, make sure to get a complete copy of anything you sign.
I understand that it will be a very traumatizing time for non-citizens, especially those out of status. After all, immigration enforcement and mass deportations were one of the biggest issues Trump campaigned on, and we fully expect him to deliver on his promises. We also know from his first term how strict and tough he was regarding immigration.
That is why you should consult with an attorney before the knock on your door, so you are aware of your rights and possible avenues for legalization and, most importantly, already line up an attorney to be there when you need them.
For my clients, I have assured them that if they ever encounter immigration officers, they should contact my office right away so we can do whatever we can to fight for and protect them in connection with any enforcement/removal actions. In fact, I tell my clients that I will be like Michael Jackson’s song from the movie “Ben,” which is “I’ll be there!”
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