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ICE Is Knocking: Essential Rights Every Immigrant Needs to Know to Stay Protected

ICE Is Knocking: Essential Rights Every Immigrant Needs to Know to Stay Protected

Magazine, Immigration

Over the past 30 days, U.S. Immigration and Customs Enforcement (ICE) has arrested more than 200,000 individuals suspected of being undocumented, with at least 8,000 deported. While the majority of those detained are from South and Central America, ICE data also shows an increase in arrests involving nationals from India, China, and Russia. Following current directives, ICE is expected to make between 1,200 and 1,500 arrests daily.

Amid this surge in enforcement, an Ethnic Media Services (EMS) briefing brought together experts and advocates to provide crucial information on immigrant rights and protections. The discussion focused on what individuals can do when confronted by ICE at home, work, or school, as well as their rights while in detention.

Maru Mora Villalpando’s Insight on Detention Conditions

Among the speakers is Maru Mora Villalpando, an immigration activist and founder of La Resistencia, a grassroots advocacy group in Tacoma, Washington. With over a decade of experience working alongside detainees and their families, Maru has witnessed firsthand the harsh conditions inside detention centers. These include poor sanitation, inadequate medical care, and systemic neglect. Maru pointed out the frequent use of hunger strikes by detainees as a desperate attempt to demand humane treatment—last year, La Resistencia recorded at least 14 such protests.

A critical issue in detention facilities is the failure of the grievance system, which is often inaccessible due to language barriers and technological obstacles. Though formal mechanisms exist for detainees to report concerns, responses are frequently delayed, ignored, or only provided in English, rendering them ineffective for many. The termination of the $1-a-day detainee labor program, which previously helped maintain cleanliness, has led to worsening hygiene conditions and the spread of infectious diseases, including COVID-19 and outbreaks of body lice.

Maru also exposed ICE’s retaliatory tactics against detainees who protest, including solitary confinement, forced transfers, and even sudden deportations. Despite public statements acknowledging the right of detainees to protest, Maru stressed that these individuals often face severe and immediate consequences behind closed doors.

Amanda Alvarado Ford: Legal Protections for Undocumented Immigrants

As immigration enforcement intensifies, advocates like Maru and legal experts, such as Amanda Alvarado Ford, are playing a vital role in defending the rights of vulnerable immigrant communities. Amanda, a seasoned immigration attorney with over two decades of experience, emphasized that knowledge is power, not panic, when dealing with immigration enforcement.

Amanda highlighted key protections for undocumented immigrants, reminding them that despite their immigration status, they still have constitutional rights, including:

  • The right to remain silent
  • Protection against unlawful searches and seizures
  • The right to legal representation

She also addressed the expedited removal process, which can result in deportation within a day. However, she emphasized that immigrants who have been in the U.S. for over two years are entitled to a hearing before an immigration judge. Amanda advised individuals to keep proof of their time in the U.S. in a safe place—accessible to trusted family members—and to store copies of receipts for pending asylum applications, U visas, T visas, or VAWA protections on their phones for easy access in case of an ICE encounter.

What to Do If ICE Comes to Your Home or Workplace

When confronted by ICE, individuals should remember their rights:

  • If ICE comes to your home:

    • Do not open the door unless agents present a signed judicial warrant from a U.S. District Court judge. Most ICE warrants are issued by immigration officials and do not require compliance.
    • Ask agents to slide the warrant under the door or show it through a window.
    • Clearly state: “I have the right to remain silent. I do not consent to entry. Please leave.”
  • If ICE arrests you:

    • Do not answer any questions or sign any documents without consulting an attorney.
    • Immediately state: “I want to speak to my lawyer.”
    • If you fear returning to your home country, state this immediately, as it may prevent immediate deportation and secure your right to an asylum hearing.
  • ICE raids at work: Employers should:

    • Post clear signage marking restricted areas.
    • Request a judicial warrant before allowing ICE agents into private spaces.
    • Seek legal counsel before handing over any employee records.

Veridiana Carizales: Protecting Children’s Rights in Schools

Veridiana Carizales, an immigrant advocate and founder of M Schools, delivered a powerful and deeply personal discussion on the rights of children in schools when faced with immigration enforcement actions. As an undocumented immigrant herself, Veridiana shared how her experiences motivated her to create M Schools, an organization that educates families and educators on their rights and responsibilities.

She emphasized the Plyler v. Doe (1982) ruling, which guarantees every child, regardless of immigration status, the right to a K-12 education in the U.S. Schools cannot inquire about or document a student’s immigration status, and under FERPA, student records are protected from unauthorized disclosure, even to immigration agents.

Veridiana urged parents to keep their children enrolled in school, reinforcing that education remains a vital pathway to opportunity. She called on schools to establish clear protocols for handling potential ICE encounters while minimizing disruption to students’ education. Her message was clear: schools must be safe spaces, and no child should ever feel afraid to attend.

Oscar Sarabia Roman: ACLU’s Legal Defense Against Trump’s Immigration Directives

Oscar Sarabia Roman of the ACLU provided an in-depth look at the organization’s legal challenges against Trump’s immigration policies. The ACLU has filed several lawsuits targeting actions that undermine constitutional rights and violate longstanding legal protections for immigrants.

  • Challenging the Attack on Birthright Citizenship: Oscar discussed the ACLU’s lawsuit against Trump’s executive order on birthright citizenship, arguing that the 14th Amendment guarantees citizenship to all children born in the U.S. Two courts have already blocked this order, marking a major victory.

  • The Fight Against the Asylum Ban: Oscar highlighted the ACLU’s legal battle against Trump’s 212F proclamation, which falsely claims an “invasion” to justify denying asylum at the border. This policy puts thousands of lives at risk by sending them back to dangerous conditions without due process.

  • Stopping Mass Deportations and Due Process Violations: Oscar also discussed the ACLU’s fight against the expedited removal process, which fast-tracks deportations without due process for immigrants who cannot prove continuous residence in the U.S. for two years.

Oscar concluded by reminding attendees that constitutional protections apply to everyone, including non-citizens, and emphasized the importance of asserting one’s rights in the face of immigration enforcement.

The Ongoing Legal Fight

As the legal battles continue, organizations like the ACLU and advocates like Maru Mora Villalpando, Amanda Alvarado Ford, and Veridiana Carizales are playing a crucial role in defending immigrant rights and ensuring that everyone, regardless of their status, has access to justice. Their work continues to push back against harmful policies and fight for the protection of constitutional rights for all.

#ICE #ImmigrantRights #KnowYourRights #ImmigrationProtection #LegalRights #StayProtected #ImmigrationJustice #ImmigrantAdvocacy #DueProcess #DeportationDefense #ImmigrationLaw #RightToRemainSilent #ICERaids #ImmigrantCommunity #CivilRights #AdvocateForImmigrants

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