As ICE steps up enforcement in the US, know your rights in SC if you get stopped
After increased immigration enforcement from the Trump administration in major U.S. cities, tensions are at an all-time high.
Recent events like the Minneapolis shooting, which involved an ICE agent fatally shooting an American citizen in her car, and a shootout from federal agents during a traffic stop in Portland, Oregon, have stoked anger and protests across the U.S.
Everyone in the nation has rights, regardless of legal status. If you encounter ICE agents, take note of what you are legally allowed to do.
Are you legally allowed to record ICE agents?
Short answer: yes. It’s your First Amendment right.
If you are a bystander outside and see ICE agents, it’s recommended by the National Immigrant Justice Center to move inside a safe location before attempting to record activity. However, you are not allowed to record if it obstructs or interferes with their operations.
ICE agents do not have any expectation of privacy when conducting operations in public places, and they can not ask you to delete any videos or photos you take without a warrant.
It’s crucial that you do not post unverified information on social media, which can lead to panic and misinformation.
What to do if you’re pulled over
Ask the officer if they are from the police department or immigration. Be wary. Immigration officers sometimes falsely say they are police officers.
Ask again if they are from Immigration and Customs enforcement or Customs and Border Protection. If it’s ICE, pay attention to these instructions:
If you are a citizen, show them any legal documents you have available, such as a passport, legal permanent resident card, work permit or any other documentation of your status. You should carry at least one of these documents with you at all times if you’re over 18 years old.
If you’re undocumented, you have the right to remain silent and do not have to discuss your legal status with anyone. Anything you tell an officer can be used against you in a court of law.
Can you walk away from an agent trying to interact with you?
Before you walk away from an ICE agent, ask if you are free to leave. If so, you may walk away.
If the agent says no, there are several options available, according to the American Civil Liberties Union.
You have the right to remain silent. They might attempt to discuss your legal status, such as about where you were born, whether you are a citizen and how you got into the U.S.
If you have valid immigration documentation, you should show them. Never provide fake documentation. You have the right to refuse consent to a search, if they insist.
What can you do if you’re arrested?
Say that you wish to remain silent until speaking with a lawyer. You have the right to a phone call. A lawyer won’t be provided, but you can ask for a list of free or low-cost options.
Do not attempt to fight back or argue.
What happens if ICE knocks on your door?
You have the right to not open the door, and it’s important others in your house know this as well. Officers need a warrant to come inside your house.
Some ICE agents say that they have a warrant, but it is actually an ICE form signed by other ICE agents and not by a judge, which does not give them authority to enter your house without your consent.
Always ask to see the warrant from the window or make agents slip it under your door.