Immigrant
Rights Q&A

Seeking Justice means we have to be an ally to empower all communities with information.

What rights do I have when interacting with ICE?
If you are stopped by police or an ICE officer:

• You have the right to remain silent

• You do not have to consent to a search of your person or your belongings

• You do not have to answer any questions about where you were born, whether you are a U.S. Citizen, or how you entered the U.S.

• Do NOT claim to be a U.S. citizen unless you are.

If ICE is at your home:

• You have the right to remain silent.

• You do not have to allow police or immigration officers into your home less they have a warrant signed by a judge.

• Warrant for removal/deportation (Form I-205) does NOT authorize officers to enter your home without consent.

Who can ICE arrest?

• On February 18, 2021, the acting Director of ICE issued a memo establishing interim guidance on civil immigration enforcement. It binds all ICE officers throughout the U.S. to exercise discretion in taking enforcement action, including placing detainers and taking people into custody who have detainers. ICE officers are only able to take a person with a detainer into custody if the person falls into one of the three priority categories: national security risk, border security risk, or public safety risk.

What about my family? Does what I’m charged with put my family at risk?

Federal law allows ICE to deport:

• Anyone without lawful immigration status, including:

  • If you entered without status

  • If you overstayed a visa

  • If you have a final order or removal
    

• Anyone with lawful status with certain criminal convictions, including:

  • Lawful Permanent Residents (green card holders)

  • Refugees and visa holders.
    

• But keep in mind that ICE agents usually identify the person they want to arrest ahead of time and won’t act without a warrant for arrest.

How does the Administration change affect things?

• The recent administration change has significantly impacted civil immigration enforcement. President Biden’s actions in his first 100 days have been geared toward undoing harmful policies from the last administration and enacting his own policies aimed at providing a more just and equitable immigration service.

What organizations can I seek assistance from?

• For help with removal defense, asylum claims, DACA, visas, and other immigration needs, reach out to Tennessee Immigrant and Refugee Rights Coalition (TIRRC), Conexion Americas, Catholic Charities (Caridades Catolicas), Justice for our Neighbors.