Why People Are Concerned About ICE Today
We know that many people nowadays are concerned about what their rights are if they are stopped, questioned and arrested by “ICE” which is the investigative arm of the Department of Homeland Security (DHS). ICE is the arm of DHS that carries out its Enforcement and Removal Operations (ERO).
How Criminal Defense Connects to Your Constitutional Rights
We want you to understand that much of what we concern ourselves with in the defense of people accused of committing a crime is the use of the 4th and 5th Amendments of the US Constitution to fight their case and to keep them from being convicted of a crime and possibly going to jail.
Do Constitutional Rights Apply to Non-Citizens?
Although the defense and representation of immigration cases is very different from the defense of criminal charges, some aspects of the protections everyone in the United States is afforded before going to court on charges are the same. This means that the US Constitution is available to everyone who is present in the US no matter whether they are a citizen, permanent resident, authorized visitor or if they entered the country without permission from the government to do so…illegally, you could say.
Your 4th Amendment Right: Freedom From Unreasonable Search or Seizure
If you are contacted by ICE or any cop, you have the 4th Amendment right to be free of an unreasonable search or seizure. This means that you have the right to walk away from that officer unless you are being legally detained or arrested (seized).
When ICE Claims to Have a “Warrant”
We have seen on the news or heard from friends or relatives that the ICE cops say they have a “warrant”. You should ask to see that warrant to see if it is actually a warrant signed by a judge or magistrate, as is required, and if it has your name on it. If there is no warrant or the warrant you are shown does not have your name on it, you do not have to comply with the cop’s request that you stay where you are at. Yes, you may be physically restrained and abused, but they would not be doing that legally if there is no warrant and they do not have probable cause to detain you.
If ICE Agents Come to Your Home
Do not open your door if you are home and an ICE agent knocks on your door. The 4th Amendment of the US Constitution is interpreted as saying that you have no obligation to open the door and if he or she have a valid warrant, they will get in anyway. Do not make it easier for them because chances are they do not have a valid warrant and cannot legally enter your home.
Your 5th Amendment Right: Remain Silent
If the ICE cop or any cop wants to question you, you do not have to say anything other than to identify yourself You have the 5th Amendment right to remain silent and not answer any questions. We always advise our clients to not answer any questions at all beyond their name because you are not usually going to talk the cop out of arresting you anyway and chances are you are going to say something that will be used against you later in court…yes, no matter how clever or sharp you think you are, your words will be twisted or misinterpreted and will be used against you.
You Don’t Have to Sign Anything Without a Lawyer
The 5th Amendment also is interpreted to say that you do not have to sign anything that you are given to sign without first speaking to a lawyer about it. You have the right to speak to a lawyer before you proceed with whatever they are asking of you. In a criminal case, you have the right to have a lawyer appointed to represent you at all stages of the proceedings if you cannot afford to hire an attorney yourself. That is NOT a right that you have in an immigration case. So it is best to not say anything until you get the point in the process when you can speak to an attorney. There may be a point in an immigration proceeding when a lawyer will be appointed. But it will not be at that initial stage of questioning, like in a criminal case.
If You Face an Immigration Case in the Coachella Valley
If you do get involved in an immigration case while here in the Coachella Valley, you may call us at any time and we can refer you to an excellent immigration attorney who will be able to help you with your case.
Contact us today and take the first step towards protecting your freedom
Call (760) 345-4777 or Text (760-898-0207) for a free consultation to discuss what your legal rights are and possible defenses in your case.