Opinion

Mass deportations: What to do if ICE visits your home

IMMIGRATION CORNER - Michael J. Gurfinkel - The Philippine Star

December 22, 2024 | 12:00am

Many people are nervous, anxious and terrified over the re-election of Donald Trump and his promise to carry out “mass deportations.” People fear raids by the US Immigration and Customs Enforcement (ICE) in their neighborhoods, workplaces and homes.

Although Trump stated he would prioritize deporting terrorists, criminals and others who pose a threat to national security, anyone without secure immigration status may be subject to enforcement efforts. This includes people who are out of status or were previously ordered deported. In other words, everyone out of status could be at risk.

However, even people who are out of status have certain rights, especially when ICE comes knocking at their door. The American Immigration Lawyers Association (AILA) published a flyer on immigrants’ rights if ICE visits your home. Your rights include:

• You do not have to open your door or let the officers in your home unless they have a valid search warrant signed by a judge. Ask them to show you that search warrant by slipping it under the door or holding it up to a window so you can see it.

If the warrant does not have your correct name and is not signed by a judge, you do not need to open the door.

If you decide to speak with the officers, you do not need to open the door. You can speak with them through the door or step outside your house. But remember, anything you say can be used against you in a deportation proceeding.

• You have the right to remain silent. You are not required to speak with the immigration officers or answer any of their questions, including questions about where you were born or how you entered the US. Your rights include the right to remain silent and/or the right to refuse to answer.

You may refuse to show identity documents that indicate what country you are from, such as a foreign passport.

However, do not show any false documents, do not lie and do not clai m to be a US citizen if you are not. False claims to US citizenship are very serious immigration violations for which no waiver is available.

• You have the right to speak to a lawyer. Even if you don’t presently have an attorney, you can tell the officers that you still want to speak with one. If you already have an attorney and have a signed Form G-28, give it to the officer so he or she can see that you already have an attorney.

For my clients, I have assured them that if they ever encounter immigration officers, they should contact my office right away, so we can do whatever we can to fight for and protect them in connection with any enforcement/removal actions. In fact, I tell my clients that I will be like Michael Jackson’s song from the movie “Ben,” which is “I’ll be there!”

You can refuse to sign any and all paperwork until you have the opportunity to speak with a lawyer. In fact, you should not sign anything before having an attorney review it, because you might be signing confessions or other affidavits where you are admitting guilt or deportability without realizing it.

If you do sign something without speaking with an attorney, make sure you understand exactly what the document says and means and its effect on your case before signing it.

I understand that it will be a very traumatizing time for non-citizens, especially those out of status. After all, immigration enforcement and mass deportations were one of the biggest issues Trump campaigned on, and we fully expect him to deliver on his promises. We also know from his first term how strict and tough he was regarding immigration.

That is why you should consult with an attorney before the knock on your door, so you are aware of your rights and possible avenues for legalization and, most importantly, already line up an attorney to be there when you need them.

* * *

WEBSITE: www.gurfinkel.com

Four offices to serve you: Los Angeles; San Francisco; New York: Toll free number: 1-866-GURFINKEL (1-866-487-3465); Philippines: +632 88940258 or +632 88940239