Carlos Dantes Mejías, an immigration attorney with a decade of experience in Houston, Texas, shared a series of key recommendations on social media for those facing unexpected visits from Immigration and Customs Enforcement (ICE) officials at their homes.
From Los Angeles Airport, Mejías recorded an explanatory video to guide immigrants on how to act in such a delicate situation. His main advice: "keep the door closed".
“The closed door is very important because it makes it much harder for ICE to enter and search your home,” said the lawyer.
What should you do if ICE knocks on your door?
Mejías recommended following these basic steps:
- Do not open the door. Keeping it closed restricts access for the officers while your intentions are being verified.
- Ask for the reason for the visit. It is important to request an explanation of why they are there. They often claim to be looking for a person in an irregular situation or investigating a case.
- Request to see the arrest warrant.
The lawyer distinguishes between two types of orders:
- Administrative order: It is not signed by a judge and does not authorize agents to enter by force.
- Court order: It is signed by a judge and does allow for forced entry into the residence.
If the officers present an administrative order, “you can and must say that you cannot let them in,” Mejías pointed out. In that case, the agents are required to leave, as they do not have authorization to enter without consent.
In contrast, if there is a court order, the recommendation is to remain calm, open the door, and exercise the right to remain silent. The lawyer emphasizes that one should not speak with the officers without legal counsel.
Right to silence: a vital protection
"If they are already inside, you have the right not to tell them anything. Imagine not providing them with information that could harm you or the person who is in the country illegally," Mejías emphasized.
The message concludes with an invitation to consult professionals and protect the legal rights of immigrants, especially in the face of pressure tactics from immigration authorities.
Frequently Asked Questions about ICE Visits to Immigrant Homes in the U.S.
What to do if ICE knocks on your door in the U.S.?
If ICE knocks on your door, the most important thing is to keep it closed. Ask the reason for their visit and request to see the arrest warrant. If it's an administrative warrant, you can refuse to let them in as it does not authorize forced entry. Only a judicial warrant, signed by a judge, allows them to enter by force. Additionally, you have the right to remain silent and not answer their questions without legal counsel.
What are the rights of immigrants when visited by ICE?
Immigrants have the right not to open the door if ICE does not present a signed court order from a judge. They also have the right to remain silent, which means they are not obligated to answer questions about their immigration status without the presence of a lawyer. It is important not to sign any document without legal advice.
What are the differences between an administrative order and a judicial order from ICE?
An administrative order is not signed by a judge and does not allow ICE to enter by force. In contrast, a judicial order is signed by a judge and permits forced entry into a residence. This distinction is crucial to understand whether one is obligated to allow agents to enter your home.
How should immigrants prepare for a possible ICE visit?
Immigrants must be informed about their rights and have an action plan in case of an ICE visit. This includes keeping contact information for immigration attorneys on hand, carrying legal documents, and educating family members, especially children, about the importance of not opening the door. It is also advisable to have a "Know Your Rights" card to show through the window if necessary.
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