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
     • What a judicial warrant DOES look like
     • What a judicial warrant DOES NOT look like
   • If they do have a judicial warrant – you nor anyone in the house still DO NOT have to speak
   • Clearly state: “I am exercising my right to remain silent.”
2. 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 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

Additional information can be found 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 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 NYACLU page 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.

It has long been and continues to be CUNY policy not to permit law enforcement officials to enter its campuses except to the extent required by law. When law enforcement officers seek access to the Medgar Evers College campus, they will not be allowed on campus unless they have presented their credentials, stated their reason for coming to the campus, and presented a judicial warrant or court order. Upon presentation of such documentation, campus safety will contact the college’s Counsel for verification of the information provided. Upon verification, the officers will be escorted to the area identified, as access to the campus will only be provided consistent with the terms of the warrant or court order. Any representative(s) will be escorted by a campus security officer to ensure that the ICE representative only engages in actions consistent with the warrant/court order.