Know Your Rights

Immigration and Customs Enforcement (ICE) is a federal agency under the U.S Department of Homeland Security (DHS). Its primary responsibilities include enforcing immigration laws, and investigating cross-border criminal activities.

Key functions:

Enforcing Immigration Laws:

• Conduct arrests, detentions, and deportations;
• Operates detention facilities for individuals awaiting deportation or resolution of their immigration cases.

Investigating Cross-Border Crimes:

• Focuses on crimes such as human trafficking, drug smuggling, and counterfeit goods;
• Partners with other federal and international agencies to address global criminal activities;
• ICE is often associated with its immigration enforcement role, including raids and detentions, which can impact communities and families. Knowing your rights when interacting with ICE is crucial.

1. If ICE are at your door:

• Do not open your door – not even slightly;
• Without opening the door, ask for a warrant to be slipped underneath the door:
  • IMMIGRATION WARRANTS AND SUBPOENAS: What to Look Out for and How to Respond
• If they do have a judicial warrant, you nor anyone in the house are required to speak with them;
• Clearly state: “I am exercising my right to remain silent.”

1. If ICE are inside your home:

• If they enter your home without your permission, you can tell them: “I do not consent to you being in my home. Please leave.” Saying this may not stop them, but it may be beneficial for a future case;
• If ICE starts searching your belongings or rooms, you can tell them: “I do not consent to your search.”;
• You can also clearly state: “I am exercising my right to remain silent.”;
• It is legal to document ICE making arrests. Film openly, not secretly, as it is not legal in some states to film others without their knowledge or consent. 

Additional information can be found here on the Immigrant Defense Project.

• ICE can enter any public space at your workplace without need any warrant.
• Public spaces can include:
  • Office lobby;
  • Supermarket;
  • Retail store; 
  • The dining area of a restaurant:
• ICE cannot legally enter the private spaces of a workplace unless they have a judicial warrant or the permission of the employer;
• Private spaces can include: 
  • Employee only areas, such as a break room or storage room.
• Employers can ask ICE to show their identification and/or warrant;
• If you are approached, you DO NOT have to answer their questions;
• DO NOT run away as ICE will suspect you and attempt to arrest you.

Employer guide for when ICE shows up can be found here.

Tools & Resources:

• The NYCLU website provides clear, concise guidance for individuals who may encounter immigration officers. This resource is designed to help people understand their rights during an immigration stop, whether in public, at their home, or at their workplace;

• The Informed Immigrant website offers vital resources for immigrants facing detention and deportation, including the “Know Your Rights” page, which educates individuals on key actions during ICE raids, such as staying calm, not opening the door without a warrant, asserting the right to remain silent, and providing legal protection advice for family separation or arrest;

• The National Immigration Law Center (NILC) website offers critical resources for immigrants, including the “What to Do If Arrested or Detained by Immigration” page, which provides step-by-step guidance on responding to ICE or immigration detentions, covering key rights like remaining silent, refusing consent for a search, requesting an attorney, and protecting personal information;

• The NILC Employer Guide. Created in partnership with the National Employment Law Project, the guide provides employers and employees with practical information on complying with immigration laws while protecting workers’ rights, including handling I-9 forms, responding to ICE audits or raids, and ensuring workplace protections against discrimination.

If you become aware of any law enforcement officials on campus, please contact Public Safety at (718) 982-2111 to handle in accordance with CUNY policy and procedures.

1. Protected if you are detained:

• Power of Attorney – Designate a trusted individual to make decisions for your children, finances, and other critical matters;
• Emergency Contacts – Share contact details of attorneys, advocates, and family members with your loved ones; 
• Secure Important Documents – Keep copies of passports, immigration paperwork, and medical records in a safe place accessible to your family; 
• Child Care Plans – Make arrangements for your children, including school authorizations and medical care.

1. Tools and Resources:

• Notifica App – Instantly notify your emergency contacts if detained by immigration authorities here;
• Family Preparedness Plan Guide – Download and complete a Family Preparedness Plan;
• Know Your Rights – Access guides about your rights here.

What to do if detained:

1. Locate Your Loved Ones – Use ICE’s Detention Facility Locator to find loved ones;
2. Seek Legal Help – Here are some organizations that can assist you: 
   1. Brooklyn Defenders;
   2. Immigrant Defense Project.

The New York State New American Hotline:

This hotline is available to anyone impacted by ICE raids. You can call Monday through Friday, 9:00am to 8:00pm. These calls are confidential and anonymous, and will remain as such. This hotline has no affiliation with US Citizen and immigration service. No legal advice is offered.

• New York State Only: 1.800.566.7636; 
• Outside of New York State: 1.212.419.3737.

Additional resources about:

• ICE raids can be found here
• ICE FAQ Detainer can be found here

Tools & Resources

• The Brooklyn Legal Services Corporation A (BKLGA) is a valuable resource for individuals in Brooklyn seeking free or low-cost legal services, offering information on immigration, housing, public benefits, family law, and consumer rights, along with tools like intake forms, eligibility criteria, and emergency legal assistance.
• The Immigrant Defense Project (IDP) Criminal Immigration Helpline offers a vital resource for immigrants facing criminal charges that may impact their immigration status, providing free, confidential legal advice on the intersection of criminal and immigration law, especially for those at risk of deportation.
• The Immigrant Defense Project (IDP) Detainer Portal site is a key resource for individuals and legal advocates seeking information on immigration detainers, offering tools to understand, challenge, and resist them, along with practical guidance on protecting immigrants from being held and defending against both criminal and immigration proceedings.
• The (NMCLP) Programs page outlines NMCLP’s initiatives supporting low-income individuals and families, focusing on immigration, civil rights, and economic justice, with detailed information about programs protecting immigrant rights, addressing poverty, and advocating for equitable access to resources and legal services.