An unexpected knock at the door can be a terrifying experience for any immigrant family, but you do not have to face it with fear. At Zohar Law, we believe that knowledge is your most powerful tool for protection. Understanding your constitutional rights is essential when dealing with federal agents. As an experienced immigration attorney in Manhattan, we want to ensure you are prepared to protect your home and your loved ones if ICE ever arrives at your doorstep.
The Knock at the Door: A 5-Step Guide to Your Rights When ICE Arrives
1. The Golden Rule: Do Not Open the Door
The most vital rule to remember is that you are not required to open your door for ICE agents unless they have a judicial warrant. It is important to know that an administrative warrant signed by immigration officials is not enough to enter. You should speak through the door and ask them to slide the warrant under it, or hold the judicial warrant up to the window. Be absolutely certain you look for a signature by a judge or court. Additionally, be sure to confirm that the warrant has the correct address and your correct name.
2. The Right to Remain Silent
You have the absolute right to remain silent, regardless of your status. Our team at Zohar Law advises that you do not have to answer questions regarding where you were born or how you entered the country. Simply state clearly: "I am exercising my right to remain silent and wish to speak with my lawyer" to protect your legal record. It can be tempting to want to try to be helpful in these situations to try to clear things up; your best line of defense is to remain silent, and ask for your lawyer, regardless of the question.
3. "I Do Not Consent"
If agents enter your home without a proper judicial warrant, you must vocally state your objection. We often tell our clients to clearly say, "I do not consent to your entry or this search." While this may not physically stop them, it establishes a crucial legal record that our skilled immigration attorneys in Manhattan can use later to support you.
4. Preparation is Protection
Preparation is the best defense against uncertainty. We recommend every family creates a "Safety Plan" that includes memorizing the phone number for Zohar Law, as you may not have access to your phone, or do not feel comfortable unlocking it. Documenting the encounter by noting badge numbers and agent names is also helpful, if you feel safe doing so. Most importantly, never sign any documents without our legal team present, because you may be signing away your right to a hearing.
5. Get In Touch With Zohar Law
You have rights, but you don't have to exercise them alone. If ICE comes to your door, or if a loved one has been detained, time is of the essence. Stay calm, stay silent, and call Zohar Law immediately at (833) 416-9681. We are your first line of defense and proud to be your dedicated immigration attorney in Manhattan. Have a question? Contact us today.