Carlos Dantes Mejías, an experienced immigration lawyer based in Houston, Texas, has shared crucial advice on social media for those who might face unannounced visits from U.S. Immigration and Customs Enforcement (ICE) at their residences. While at Los Angeles International Airport, Mejías recorded a detailed video aimed at guiding immigrants through this sensitive scenario. His top tip: "keep your door shut."
"Keeping the door closed is crucial because it makes it harder for ICE to enter and search your home," explained the attorney.
Steps to Take if ICE Knocks on Your Door
Mejías advises following these basic steps:
Do not open the door. By keeping it shut, you limit the officers' access while you verify their purpose.
Ask for the reason for their visit. It's essential to request an explanation for their presence. They often claim they are looking for someone with an irregular status or investigating a case.
Request to see the arrest warrant.
The attorney distinguishes between two types of warrants:
- Administrative Warrant: Not signed by a judge and does not permit agents to forcibly enter.
- Judicial Warrant: Signed by a judge, allowing forced entry into the home.
If presented with an administrative warrant, "you can and should tell them they cannot enter," Mejías emphasized. In such cases, the agents must leave since they lack authorization to enter without consent.
Conversely, if there is a judicial warrant, the recommendation is to remain calm, open the door, and exercise your right to remain silent. The lawyer stresses the importance of not speaking to officers without legal counsel.
The Right to Silence: A Crucial Protection
"If they are already inside, you have the right not to tell them anything. Imagine not providing information that could harm you or someone in the country illegally," Mejías highlighted.
The message ends with a call to seek professional advice and safeguard immigrants' legal rights, particularly against pressure tactics by immigration authorities.
Understanding Your Rights When ICE Visits
What should you do if ICE visits your home?
Keep your door closed, ask for the purpose of their visit, and request to see the warrant. If it's an administrative warrant, you can refuse entry.
What is the difference between an administrative and a judicial warrant?
An administrative warrant is not signed by a judge and does not allow forced entry, while a judicial warrant is judge-signed and permits agents to enter by force.
Why is it important to exercise the right to remain silent?
Remaining silent prevents you from inadvertently providing information that could be used against you or others.