What to do if ICE comes to your home
If you are reading this because agents are at your door right now, here is the short version: you do not have to open it, you do not have to answer questions, and you do not have to sign anything. Everything below explains why.
Your rights do not depend on your immigration status, where you were born, or what documents you hold.
You do not have to open the door
Agents can knock. You are not required to open unless they have a warrant signed by a judge.
An administrative form from ICE is not the same thing as a judicial warrant, and the difference is the whole ballgame. Ask them to slip the document under the door or hold it against a window so you can read it. Look for two things: a judge's signature, and your correct name and address.
No judge's signature, no obligation to open.
You have the right to stay silent
You do not have to answer questions about where you were born, your immigration status, or how you entered the country.
Say it out loud: that you are choosing to remain silent, and that you want to speak with a lawyer. Saying so is not an admission of anything. It is you using something that already belongs to you.
Do not sign anything without a lawyer
Papers handed to you in a stressful moment can waive your rights or agree to your own removal, and people sign them without understanding what they just gave up.
You have the right to speak with an attorney first. Signing a week later, after you have had advice, costs you almost nothing. Signing today can cost you everything.
Decide all of this before it happens
Nobody thinks clearly with someone banging on the door. That is exactly why this conversation belongs at a kitchen table on a normal afternoon, not in the middle of an enforcement action.
Talk it through with your family. Decide who gets the phone call. Write that number somewhere everyone in the house can find it, including the kids.
Do that this week.
At Zavala Law Group we stand with immigrant communities and with the people this system tends to overlook. If your family wants to walk through your rights before you need them, or you are facing enforcement action now, talk to an attorney.
Salomón Zavala believes the law should empower people to make informed decisions. For more, follow Legal Insight with Salomón Zavala.
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This content is provided for general informational purposes only and does not constitute legal advice. Reading it or contacting the firm does not create an attorney-client relationship. Laws and procedures change; confirm current information with an attorney before acting. Prior results do not guarantee a similar outcome. Every case is different.
Zavala Law Group provides representation in federal immigration matters before U.S. Citizenship and Immigration Services (USCIS) and the Executive Office for Immigration Review (EOIR), and in civil rights matters, federal practice that is available to clients nationwide. Salomón Zavala is an active licensee of the State Bar of California, licensed to practice law only in California. He is not admitted to practice in New York or in other states, and the firm's practice in states where its attorneys are not admitted is limited solely to federal matters. Services provided by the firm are provided by an active licensee of the State Bar of California or by a person under the supervision of an active licensee of the State Bar of California.
