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If You Encounter ICE Know Your Rights

All people in the United States, INCLUDING UNDOCUMENTED IMMIGRANTS, have Constitutional rights and protections. Neither immigration nor the police will assume you want to exercise your rights. You are in charge of asserting them by telling officers you are exercising your rights.

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WHAT TO DO IF ICE COME TO YOUR HOME

  • YOU DO NOT HAVE TO OPEN THE DOOR.
    If ICE comes to your door, generally there are only two ways in which they can lawfully enter your home:
    1. With your permission or the permission of someone in your home.
    2. With a search warrant issued by a judge.
  • YOU SHOULD NOT INVITE THE OFFICER INTO YOUR HOME.
    If ICE tells you they are there to arrest someone or search the home, do ru2to pen the door or invite them into your home. Opening the door may give them permission to enter. It is important to also tell this to others in your home, including children. If your child opens the door, that may give ICE permission to enter the home.
  • IF THE ICE OFFICER SAYS THEY HAVE A WARRANT, ASK FOR THEIR IDENTIFICATION AND REVIEW THE WARRANT. IT MUST BE ISSUED BY A JUDGE AND NOT JUST THE AGENCY.
    ICE cannot enter your home without a valid search warrant. Talk with the officers through the door and ask them to show you their identification and the warrant. Review the warrant to determine if it is valid:
    • The warrant must be a search warrant: There are search warrants and arrest warrants. ICE cannot enter your home with an arrest warrant. They must have a search warrant.
    • The warrant must have the correct address: If the address on the warrant is incorrect, ICE cannot search your home, unless you grant them permission.
    • The warrant must have a judge's signature: To be valid, search warrants must be signed by a JUDGE If an IMMIGRATION OFFICER signs the warrant, it is NOT a valid search warrant. Without a warrant signed by a JUDGE ICE cannot search your home, unless you grant them permission.
  • YOU HAVE THE RIGHT TO REMAIN SILENT.
    If ICE has a valid warrant and enters your home, you can choose to remain silent however Indiana’s law states that you have to give your name to an officer if they ask (including ICE). Tell the officer you are exercising your right to remain silent. If you must speak, tell the agent that you would like to speak to a lawyer before answering questions.
  • REMEMBER

    • Only provide your identification when the law requires you to do so.
    • Do not tell the officer your country of nationality.
    • Do not answer questions.
    • Do not sign paperwork.
    • Do not carry false documents.
    • Do not physically interfere with the search.