How Should I Respond if an ICE Agent Questions Me?
Over the past year, the chances of individuals being questioned by an Immigration and Customs Enforcement (ICE) agent have increased substantially. Whether you are an undocumented immigrant, a DACA participant, a legal permanent resident, or a U.S. citizen, ICE agents could attempt to question you. No matter what your situation may be, you have rights, and there are some universal tips that you should follow in the event that you are facing questioning by ICE.
Above all, you should remain calm. Do not run away, fight, argue, or otherwise attempt to resist police officers. Instead, stop where you are and keep your hands visible at all times. First, you should ask if you are free to leave. If the officer says that you are free to leave, you should walk away without saying anything more. If the officer says that you are under arrest and not free to leave, then you have the right to know why you are being arrested.
You also have the right to remain silent and refuse to answer questions from the officers. The fact that you are remaining silent cannot be used against you later on. You may be required to identify yourself by name, but beyond that question, you can politely inform the officer that you wish to remain silent.
The police also cannot search you or your belongings without your consent. While a police officer can pat your clothing to see if you have a weapon on you, he or she cannot search you any further. You should not consent to a further search, because if you are carrying anything illegal that police discover during a search, it can be used against you later in any criminal charges.
At Landerholm Immigration, A.P.C., we have represented the interests of countless clients in the state of California who are facing deportation proceedings, but whose goal is to remain with their families in the United States. We keep abreast of any new legal developments that can help our clients in any way. We will aggressively investigate the facts and circumstances surrounding your case, and help you settle upon the option that is best calculated to allow you and your family to live where you choose. Contact our experienced deportation defense attorneys today and learn how we can help.