As immigration enforcement arrests are increasingly being conducted in public spaces like sidewalks and open streets, it is important to understand your rights and how to exercise them as an immigrant or migrant. This guide describes examples of public spaces and what to do if you encounter agents with United States Immigration and Customs Enforcement (ICE) or Customs and Border Protection (CPB).
Also Read: Before ICE: A Guide for Parents at Risk of Deportation or Detention
What is a public space
Open spaces like parks and sidewalks are considered public spaces, as are dining areas in restaurants, the MTA subway platform, supermarkets, and retail stores. ICE and CBP agents do not need a warrant to enter and make arrests in these areas. If you encounter them, however, you have rights you can assert.
What are my rights with ICE public spaces
You have rights, regardless of your immigration status. These are a few of them and how to exercise them if you interact with ICE or CBP in public or mixed spaces.
If an ICE agent approaches you and starts questioning you, do not run or panic. Calmly ask “am I free to go?” If the officer says yes, you can walk away.
If an ICE agent says you are not free to go, you have the right to remain silent. You can assert this right by saying you will not answer any of their questions.
You have the right to an attorney. You can state that you will not answer any questions without an attorney present, including the question of whether or not you are a citizen.
You have the right to refuse to be searched. You can assert this right by saying you do not consent to a search.
You have the right to refuse to sign any document. You can assert this right by saying you will not sign anything without the presence or support of a lawyer.
You have the right to remain silent if they ask you for documentation. However, if you do have proof of citizenship, lawful residence, or temporary status, you may decide to show them these documents.
Also Read: ICE At The Door? How Noncitizens Should Talk to Immigration Officers
Resources in case of detention
If you or a loved one is detained by ICE, or you witness an ICE interaction, you can get help by calling a hotline:
- Immigrant Defense Project’s hotline offers legal advice, referrals for free legal services and referrals for private immigration attorneys. Their number is 212-725-6422.
- New York’s Office for New Americans’s hotline allows you to report an ICE encounter and also advises on free legal representation. Their number is 800-566-7636.
- NYC Mayor’s Office of Immigrant Affairs’s legal support hotline helps connect new yorkers to immigration service providers. You can reach them by dialing 311 and saying “immigration legal.” Their hours are from 9am-6pm, Monday to Friday.
Also Read: 5 Steps to Take if a Family Member is Detained By ICE
