In recent days, there has been an increase in the detentions of migrants by the U.S. Immigration and Customs Enforcement (ICE), especially in private homes.
This pattern has been observed in various areas of the country, including the city of Miami, and has raised alarms among lawyers, advocates for immigration rights, and community support organizations.
Operations in homes increase: Testimony from Miami
The immigration attorney, Ismael Labrador, recently raised awareness about this situation in an interview with journalist Mario J. Pentón.
“Definitely, we have had several arrests at homes throughout the entire U.S. and basically here in the city of Miami,” admitted Labrador, who also revealed that some people have avoided being arrested simply by not answering the door.
ICE has been visiting private homes, asking about individuals and requesting information about their workplaces.
Even, some migrants have been detained right as they leave their homes.
“They are definitely expanding the scope of action for ICE in order to meet their goals. We are experiencing a very dangerous situation,” asserted the lawyer.
What to do if ICE comes to your house?
Labrador was emphatic in explaining how to proceed during an ICE visit to the home:
“Remember, it's important for everyone watching us. ICE needs a court order to enter your home, not from an immigration judge, but from a state or federal one.”
"So, in short, if ICE shows up without that warrant, you have no obligation to open the door of your home for them to arrest you, unless ICE has a signed arrest warrant against you that is signed by a judge who is not an immigration judge," he reiterated.
Know your rights in front of ICE
The Immigration and Customs Enforcement cannot legally enter your home without a search warrant signed by a criminal judge (state or federal), unless you give them explicit permission. This has been confirmed in recent months by attorneys, various organizations, and the National Immigrant Justice Center.
Important details to keep in mind:
1. Valid court order (forms from ICE are not sufficient)
ICE needs a court order signed by a state or federal judge. Administrative forms like Form I-200 or I-205 are not valid for entering your home without your permission.
2. Administrative orders do not authorize entry
ICE may show you internal documents (administrative orders), but they are not equivalent to a criminal court order. You are not obligated to open the door for these documents.
3. You have the right to deny them access
You can and must deny entry if they do not have a valid order; this is emphasized by numerous official pages.
4. Request to see the order
Ask them to show it through a window or to pass it under the door.
Verify that it has a criminal judge's signature (not immigration) and is addressed to your name or correct address.
5. Do not open the door without confirmation
If you cannot verify the order as legitimate, do not open the door, advises the Immigrant Defense Project.
Stay calm and avoid any confrontation.
6. Know and exercise your rights
-You can remain silent.
-You have the right to speak with a lawyer.
-Do not sign documents that you do not fully understand.
How can you tell if an order is a criminal or immigration court order?
It is essential to distinguish between an order signed by a criminal judge (state or federal) and a migration order, which does not authorize entry without consent.
Judicial criminal order (valid for entry without your permission):
-Header will read: “United States District Court” (federal judge) or “Superior Court of Florida” (state judge).
-Indicate criminal jurisdiction and details of the crime.
Administrative order (does not authorize entry without permission to the residence:
The header will say “Department of Homeland Security” or “Immigration Court”.
It will be signed by ICE agents or immigration judges. In such cases, entry into your home is not authorized without consent.
The increase in ICE raids in homes highlights the urgent need for migrant communities to know and defend their rights.
As emphasized by lawyer Labrador, not opening the door without a valid court order is a legal action.
Filed under:
