In continuing our education series on Deportation - know your rights - https://www.rottierlawchicago.com/post/deportation-know-your-right, this post deals with situation when encountered with ICE agent.
How to reduce risk to yourself
Stay calm and do not resist or obstruct the agents or officers. Do not lie or give false documents. Prepare yourself and your family in case you are arrested. Memorize the phone numbers of your family and your lawyer. Make emergency plans if you have children or take medication.
Your rights
You have the right to remain silent. If you wish to exercise that right, say so out loud. (In some states, you may be required to provide your name if asked to identify yourself.) You do not have to consent to a search of yourself or your belongings, but police may pat down your clothing if they suspect a weapon. If you are arrested by police, you have the right to a government-appointed lawyer.If you are detained by ICE, you have the right to consult with a lawyer, but the government is not required to provide one for you. You can ask for a list of free or low-cost alternatives. You do not have to answer questions about where you were born, whether you are a U.S. citizen, or how you entered the country. (Separate rules apply at international borders and airports, and for individuals on certain nonimmigrant visas, including tourists and business travelers.)
What to do if you are arrested or detained
Say you wish to remain silent and ask for a lawyer immediately. Don’t give any explanations or excuses. Don’t say anything, sign anything, or make any decisions without a lawyer.If you have been arrested by police, you have the right to make a local phone call. The police cannot listen if you call a lawyer.If you have been detained by ICE, you have the right to contact your consulate or have an officer inform the consulate of your detention.Remember your immigration number (“A” number) and give it to your family. It will help family members locate you.Keep a copy of your immigration documents with someone you trust. If you are a non-citizen: Ask your lawyer about the effect of a criminal conviction or plea on your immigration status. Don’t discuss your immigration status with anyone but your lawyer. While you are in jail, an immigration agent may visit you. Do not answer questions or sign anything before talking to a lawyer. Read all papers fully. If you do not understand or cannot read the papers, tell the officer you need an interpreter.
If you believe your rights were violated
Write down everything you remember, including officers’ badges and patrol car numbers, which agency the officers were from, and any other details. Get contact information for witnesses.If you’re injured, seek medical attention immediately and take photographs of your injuries.File a written complaint with the agency’s internal affairs division or civilian complaint board. In most cases, you can file a complaint anonymously if you wish.
If you are in need to legal counsel, contact our office to explore your options