The Immigration and Customs Enforcement (ICE) may detain:
Those who return to the United States after being deported
People who are undocumented in the United States
People who are legal but have a criminal record
According to ICE’s policy, people should not be detained in:
Schools
Religious institutions or funeral homes
Hospitals
Public protests or demonstrations
In order for ICE to enter a home, they need:
A legal document signed by a judge
The resident’s permission to enter the home
Tactics that ICE uses to enter a home:
Sometimes they use uniforms similar to police uniforms and wear bulletproof vests.
Sometimes they dress like civilians and say that they are police or federal agents.
Usually they carry a document that says GUARANTOR signed by an ICE supervisor.
Tactics like lying and intimidation are frequently used.
Some of the lies that ICE has used to enter homes have been: “We are looking for a criminal/suspect/fugitive,” or “We need to speak to you about possible criminal problems.”
ICE in NYC public schools:
The New York City Police Department (NYPD) is authorized to access school facilities in accordance with a Memorandum of Understanding (MOU) between the NYC Department of Education (NYCDOE) and the NYPD, and the Chancellor’s Provisions. NYPD officers and the school’s security agents follow NYPD policy regarding police action in schools.
Non-local law enforcement agents, including ICE agents, can only gain access to school facilities or school students under one of the following circumstances: with consent, with a court order, or in extreme circumstances.
You have the right to:
Deny ICE entrance to your home.
Refuse to have your home searched.
Stay silent.
Refuse to give information about your immigration status or criminal history.
Refuse to sign documents.
Say “I’m not going to answer any questions without the presence of a lawyer.”
Ask to be given your rights in your own language if you don’t speak English.
Don’t:
Lie to ICE agents.
Physically interfere with the agents when they are arresting a family member or another person.
Show them false documents
Documents that you should and shouldn’t provide
You can provide the following documents:
Municipal identification card, e.g. NYC-ID
Library card
United States driver’s license
Green card
It is not recommended to provide:
Your passport
Your consulate identification
Expired residency or other documents that are not yours or that are false
For information about how to protect yourself from raids in New York, contact the Immigrant Defense Project (IDP) at (212) 725-6422.
If a student communicates in a language other than English, the NYC Department of Education (NYCDOE) may identify the student as an English Language Learner (ELL).
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